Current Version
| Region | Poland |
| Issue | Right to change legal gender |
| Status | Legal, but requires surgery |
| Start Date | Mar 22, 1991 |
| End Date | Sep 22, 1995 |
| Description | The Supreme Court ruling III CRN 28/91 established a new procedural regime based on Article 189 of the Code of Civil Procedure (declaratory judgment) in conjunction with Article 23 of the Civil Code (protection of personal goods), moving away from the rectification mode. This path was chosen because the declaratory judgment procedure is flexible and used for various issues like franc loans or housing cooperative resolutions, though it was not originally designed for gender recognition. The Court conditioned legal recognition on the "permanence" of gender identity and the absence of collision with third-party rights (marriage), often requiring surgical intervention prior to the judgment. |
| Sources | https://iws.gov.pl/wp-content/uploads/2022/03/IWS_Lukasiewicz-J.M._Prawne-aspekty-zmiany-plci.pdf https://nil.org.pl/uploaded_files/1579518421_09-urbanowicz-beetkowska.pdf https://repozytorium.amu.edu.pl/server/api/core/bitstreams/bacca2cd-3b69-4666-add8-0f277005f1e2/content |
Revision History (1)
| Original entry | |
|---|---|
| Status | Legal, but requires surgery |
| Start Date | Mar 22, 1991 |
| End Date | Sep 22, 1995 |
| Description | The Supreme Court ruling III CRN 28/91 established a new procedural regime based on Article 189 of the Code of Civil Procedure (declaratory judgment) in conjunction with Article 23 of the Civil Code (protection of personal goods), moving away from the rectification mode. This path was chosen because the declaratory judgment procedure is flexible and used for various issues like franc loans or housing cooperative resolutions, though it was not originally designed for gender recognition. The Court conditioned legal recognition on the "permanence" of gender identity and the absence of collision with third-party rights (marriage), often requiring surgical intervention prior to the judgment. |
| Sources | https://iws.gov.pl/wp-content/uploads/2022/03/IWS_Lukasiewicz-J.M._Prawne-aspekty-zmiany-plci.pdf https://nil.org.pl/uploaded_files/1579518421_09-urbanowicz-beetkowska.pdf https://repozytorium.amu.edu.pl/server/api/core/bitstreams/bacca2cd-3b69-4666-add8-0f277005f1e2/content |