Location of foreign civil status files

 

 


ATTENTION!
automatic translation from Polish

DEFINITION: The location (or transcription) of a foreign marital status certificate means the entry of a marital status certificate (i.e. birth, death or marriage certificate) into the Polish civil status register.

PLACE PURPOSE: The location of a foreign marital status certificate is most often made in the case of court (e.g. inheritance, divorce, recognition of a foreign court decision) and administrative proceedings (e.g. confirmation of Polish citizenship).

AUTHORIZED PERSONS: Foreign civil status files may be located at the request of the person concerned, their ascendants, descendants, siblings, spouse, proxy or a person who demonstrates a legal interest.

PROCEDURE: The location of the marital status certificate consists of several stages:

  1. Obtaining a copy of a civil status certificate abroad.
  2. Legalization of a foreign marital status certificate by a Polish consul abroad or obtaining an apostille seal (although this is not always required)
  3. Preparation of a sworn translation of a foreign marital status certificate by a sworn translator in Poland.
  4. Submission of an appropriate application to the Civil Registry Office together with proof of stamp duty
  5. Preparation by the Polish Registry Office of a Polish civil registry certificate drawn up on the basis of a foreign civil registry certificate.
  6. Issue of abridged copies of the Polish civil status certificate (complete copies can be ordered for a separate fee).

COSTS: A stamp duty of PLN 50 is charged on the location of the civil act. Other costs are the costs of sworn translations and the costs of possible hiring a representative in proceedings before the Polish registry office.

DURATION OF THE PROCEDURE: In general, matters relating to the placement of marital status files are dealt with on an ongoing basis, and within 1-2 months you can receive copies of a localized marital status certificate.

PROPERTY:

An application for transcription of a foreign birth certificate can be submitted at any registry office in Poslka

LEGAL BASIS: The legal basis is art. 104 of the Civil Records Act of November 28, 2014:

Art. 104

  1. A foreign marital status document, being evidence of an incident and its registration, may be transferred to the marital status register by transcription.
  2. Transcription consists in the faithful and literal transfer of the content of a foreign marital status document both linguistically and formally, without any interference in the spelling of the names of the persons indicated in the foreign marital status document.
  3. The transcription shall be subject to a document which in the issuing country is considered a marital status document and has the power of an official document, is issued by the competent authority and raises no doubts as to the authenticity.
  4. An application to a selected head of the registry office for transcription may be made by the person to whom the transcribed event relates, or another person who demonstrates legal interest in transcription or actual interest in transcription of a document confirming death.
    4a. If an application for transcription of a foreign marital status document has been submitted to the consul, the consul sends the application to the head of the registry office chosen by the applicant.
  5. Transcription is obligatory if a Polish citizen to whom a foreign marital status document relates has a marital status certificate confirming previous events in the territory of the Republic of Poland and requests marital status registration or applies for a Polish identity document or a PESEL number.
  6. Transcription may also be made ex officio.
  7. When transcribing a foreign marital status document, which applies to Polish citizens who also use marital status files drawn up in the Republic of Poland, the head of the marital status office shall, at the request of the person concerned, adapt the spelling of data contained in foreign data in the form of material and technical activities. document to the Polish spelling rules, if such an application has been submitted with the application for transcription.
  8. The name of a town located outside the Republic of Poland shall be included in the spelling established by the Commission for the Standardization of Geographical Names outside the Republic of Poland.

JURISPRUDENCE:

Selected decision made against the background of art. 104 of the Civil Records Act of November 28, 2014:

  1. Resolution of December 2, 2019, the Supreme Administrative Court (II OPS 1/19) - the ban on entering a foreign civil birth record of a child of the same-sex parents (the ban on adopting children by homosexual couples) was upheld
    In connection with the previous validity of Art. Art. 73 of the Civil Registry Act, several interesting fractions were adopted
    1. Judgment of the Provincial Administrative Court of March 31, 2005 in Gdańsk (II SA / Gd 1826/03) - on a ban on correcting the name
    2. Order of 8 August 2003 of the Supreme Court (V CK 6/02) prohibiting the correction of the surname
    3. Judgment of the Supreme Administrative Court (until 2003.12.31) in Warsaw of 18 July 2001 (V SA 493/01) on the need to conduct court proceedings to adjust the marital status certificate to the actual state of affairs
    4. Judgment of the Supreme Court of 13 June 2000 (III CKN 260/00) - obligation to transcribe before initiating proceedings for annulment of marriage
  2. Decision of the Supreme Court of 8 May 2015. III CSK 296/14 Guidelines regarding transcription of Polish civil status records of foreign civil status records - when transcribing, not only the original wording but also the function of individual entries should be kept