Citizenship on paper. On the Risk of Statelessness of Polish Children Raised in Same-Sex Unions Abroad.

In our presentation we will discuss a new cause of statelessness of children that is currently emerging under Polish law. Statelessness in children can arise in situations where their foreign birth certificate is not tolerated by the legal system of ex lege nationality iure sanguinis on the grounds of disclosing persons of same-sex as parents in cases where such children do not acquire any other nationality. The children of same-sex couples are citizens de iure purely ‘on paper’ but not in any meaningful practical sense, effectively becoming stateless because they are not treated as nationals by the state of which they are citizens. We will discuss the main issues in administrative and court proceedings in Poland and highlight the developments in the Council of Europe and European Union’s law as a potential cure against the palpable malaise of administrative authorities in respect to ‘offending’ birth certificates.