A.P. and R.P. v. Poland
Refusal of authorities to recognise a legal parent-child relationship established abroad failed to take account of Polish child’s best interests.
In the case of A.P. and R.P. v. Poland, the Court held that there had been no violation in respect of most of the complaints but a violation of the right to respect for private life and the prohibition on discrimination in respect of the child.
The cases concerned the refusal by the Polish authorities to recognise a legal parentchild relationship established abroad.
In both cases, a same sex couple living in the United Kingdom in a civil partnership asked to have their child’s birth certificate registered in Poland. The Polish authorities refused in both cases, referring to public policy grounds. In A.P. and R.P. the birth (and biological) mother and her partner were both Polish nationals; they spoke Polish at home and spent a significant amount of time in Poland. The Government confirmed that R.P. had acquired Polish citizenship at birth. In A.D.-K. and Others the birth (and biological) mother was a British national and her partner was Polish.