The judgment is an answer to a general legal question as to whether Polish law allows the incorporation of foreign birth certificates where parents are of the same sex. The question was prompted by the authorities' refusal to transcribe into Polish law the foreign birth certificate of a child born to two mothers, both of whom are Polish nationals. The applicant argued that since lack of a transcribed birth certificate inhibits her child's access to a Polish passport, it in practice leads to a situation that is identical to statelessness.
The applicant was born in Belarus between 1990 and 1993, to parents of Armenian ethnic origin, and lived in Austria since the age of 9. Austria's civil registration allows for the registration of births of individuals who are stateless or whose nationality status is unclear, and the applicant argued her birth should be registered based on this provision, as she is stateless, or at least her nationality status in undetermined. The authorities considered that the applicant is an Armenian national based on findings in her asylum file, but the Court sided with the applicant and determined that she is entitled to have her birth registered in Austria.
The public prosecutor appealed to the Provincial Administrative Court in Kraków (“Court”) against the transcription of A.Z.’s birth certificate by the Head of the Registry Office in Krakow into the Polish Civil Register, claiming that it is contrary to the fundamental principles of the legal order of the Republic of Poland because A.Z.’s birth certificate listed two women as parents. The appeal was dismissed.
The Court stated that due to the large number of states that have ratified the Convention on the Rights of the Child and because many states include similar provisions in their national legislation, legal experts argue that the right of a child to nationality is part of international customary law, therefore everyone should acquire a nationality at birth.
Communicated case to the Human Rights Committee concerning 'immediate birth registration' by Albanian authorities who refuse on the basis of lack of a birth certificate in the form required by law.
An initiative was submitted to the Constitutional Court of Serbia to assess the provisions of two by-laws that prevent registration of children in the birth registry immediately after birth, in cases when the children’s parents do not possess personal documents, on the grounds that the by-laws are not in accordance with the provisions of the Serbian Constitution, the Family Law and ratified international conventions which guarantee the right to birth registration and personal name to every child, immediately after birth. The Constitutional Court rejected the initiative, on the grounds that possession of an ID card is legally binding on all citizens of the Republic of Serbia who are over 16 years of age and have permanent residence on the territory of the Republic of Serbia.