Rhiannon Hendricks
Getting married in Poland can be a complicated process, especially for foreigners. While Poland does not recognize same-sex marriages or civil unions, it does allow marriages performed in some religions, such as the Roman Catholic Church, to be recognized and registered by the Civil Registry Office. For foreigners looking to wed a Polish citizen, there are specific requirements that must be met, including submitting a certificate from their country of origin confirming their ability to marry, along with a sworn translation into Polish. Additionally, Poland recognizes marriages performed online in the state of Utah, USA, as valid, provided certain conditions are met. This option may be attractive to those who are unable or unwilling to undergo the traditional marriage process in Poland or their home country.
| Characteristics | Values |
|---|---|
| Recognition of marriage in Poland | Civil Registry Office, also known as the Registry Office, recognises marriages performed in the rite of some religions, including the Roman Catholic Church. |
| Registration of foreign marriage certificates | Required documents include a marriage certificate, birth certificates of both spouses, and a Polish copy of the marriage certificate. |
| Translation requirements | Foreign marriage certificates must be translated into Polish by a sworn translator from an approved list. |
| Surname declaration | If the foreign marriage certificate does not include information about the surnames of spouses or children, a declaration can be made during the transcription application process. |
| Citizenship implications | Marriage to a Polish citizen does not guarantee immediate citizenship. EU nationals married to Polish citizens can travel and work in the EU for up to three months without a residence permit. |
| Recognition of same-sex marriages | Poland does not legally recognise same-sex marriages or civil unions. However, there are limited legal rights and social benefits for same-sex couples, and some recognition of same-sex relationships in certain contexts. |
| Online marriage recognition | Marriages conducted online in the state of Utah, USA, are recognised in Poland. An Apostille, a special stamp, is required to validate the American marriage certificate. |
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What You'll Learn
Getting married in Poland as a foreigner
Legal Requirements
To get married in Poland, there are several legal requirements that must be met:
- The legal age for marriage is 18 years for women and 21 years for men.
- The bride and groom may not be related by blood, marriage, or adoption.
- Two witnesses are required for the wedding ceremony.
- A notice of marriage must be posted for 21 days to obtain the Certificate of No Impediment. This can be done either in Poland or in your country of residence.
- If you have been previously married, you must present proof of divorce or the death of your previous spouse.
- Poland does not recognize same-sex marriage.
Documents and Paperwork
The paperwork required for a foreign national to get married in Poland includes:
- Passports.
- Full birth certificates translated into Polish by a sworn interpreter in Poland.
- Certificate of No Impediment issued by a registry office or embassy.
- Personal details form.
- Notice of Marriage Form.
- Affidavit Form (only if you live in Poland).
- If you have been divorced, you must present the final divorce papers.
- Written assurance (Zapewnienie) that there is no known reason why the marriage cannot take place.
- If you are a US citizen, you must present proof that you are legally allowed to marry, such as a "release" letter from the US Embassy in Warsaw, which can take several weeks to obtain.
Registration and Recognition
After the wedding ceremony, the marriage certificate must be registered and recognized in Poland. This involves the following steps:
- Submit an application for the transcription of the marriage certificate to the Polish Registry Office.
- If the foreign marriage certificate does not include information about the surnames of spouses or children, a declaration can be made during the transcription application process.
- Collect the Polish copy of the marriage certificate from the consulate or have it sent by post.
- If an international marriage certificate is to be used in Poland, it may require an Apostille, a special stamp that makes it legally valid.
Online Marriage Option
An alternative option for getting married as a foreigner in Poland is through an online marriage service based in the state of Utah in the United States. This process is recognized in Poland and can be conducted in English or Russian. It does not require a certificate of legal capacity or a physical visit to an office, as the ceremony takes place via video link. However, it is important to verify the legal validity of such marriages with official sources.
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Getting married in Utah as a way to get married in Poland
Getting married in Poland can be a complicated and time-consuming process. If you are a US citizen wishing to marry your Polish fiancé in Poland, you must provide evidence that you are legally free to marry. This can be difficult, as the US federal government does not typically provide such documentation. As such, you must petition the court in Poland for a release from this requirement. If you have been divorced, the court must also officially recognize your US divorce decree, which requires providing a certified copy of the decree along with a court statement that it is final.
An alternative option for getting married with Poland's recognition is to get married in the state of Utah in the United States. In Utah, there are no residency or citizenship requirements for marriage licenses, and marriages can be conducted entirely online without the need for a certificate of legal capacity. The ceremony can take place via video link, and you will receive a marriage certificate, which is recognized as an official document in the US and other countries, including Poland.
To use your Utah marriage certificate in Poland, you will need to obtain an Apostille, a special stamp that validates American marriage certificates abroad. This process allows you to have your relationship officially recognized without having to navigate the complexities of the Polish legal system.
It is important to note that, while Utah does not require residency or citizenship, there are age requirements for marriage. All minors under the age of 18 require signed consent from a parent or guardian, which must be given in person to the county clerk. Additionally, marriages involving minors have further requirements, including approval from the juvenile court, which must conclude that the marriage is voluntary and in the minor's best interests.
If you are considering getting married in Utah specifically for Poland's recognition, be sure to research the latest requirements and procedures for both locations, as well as seek legal advice if needed, to ensure that your marriage will be valid and recognized in both jurisdictions.
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Registration of foreign marriage certificates in Poland
Registration Process
A foreign marriage certificate can be registered in Poland by submitting an application for transcription of a marriage certificate. This can be done by either spouse, but they can only make a declaration of their surname—leaving their original surname, creating a hyphenated surname, or taking their spouse's surname. The spouse who does not apply for transcription keeps their original surname, while any children born in the marriage will have a hyphenated surname composed of both parents' surnames. This limitation does not apply if the choice of surname was included in the foreign marriage certificate.
The application must include the original foreign civil status document or a certified copy, along with its official translation into Polish by a sworn translator recognised by the Polish government or the European Economic Area (EEA). The translation requirement may be waived for abbreviated birth, marriage, and death certificates issued on multilingual forms per the relevant convention.
The Polish copy of the marriage certificate can be collected in person at the consulate or sent by post. There is a fee of 59 USD for this process.
Name Changes and Surname Declarations
If the foreign marriage certificate does not include information about the spouses' surnames after marriage or the surnames of children born in the marriage, a surname declaration can be made during the transcription application process or before the consul.
If the foreign marriage certificate is saved without Polish characters, the applicant may request to have the Polish marriage certificate follow Polish spelling rules or request rectification based on their birth certificates.
Recognition of Foreign Marriages
Poland does recognise marriages performed in other countries, including online marriages conducted in the state of Utah, USA. However, to be valid in Poland, foreign marriage certificates must comply with Polish legal principles and may need to be registered in the Polish civil registry.
For US citizens who marry in the US and then relocate to Poland, the process can be complicated. The US divorce decrees must be officially recognised by a Polish court, and a petition must be filed with the US Citizenship and Immigration Service (USCIS).
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Obtaining a Polish citizenship after marrying a Polish citizen
Marrying a Polish citizen does not automatically grant Polish citizenship to their spouse. However, spouses of Polish citizens can apply for citizenship after meeting certain requirements. Here is a step-by-step guide on how to obtain Polish citizenship after marrying a Polish citizen:
Step 1: Get Married
If you are planning to get married in Poland, be aware that the process can be complicated and time-consuming. You will need to provide evidence that you are legally free to marry, and if you have been divorced, the court must officially recognize your divorce decree. For U.S. citizens, a letter in English and Polish explaining that evidence from the U.S. federal government is unavailable can be used to apply for a release from this requirement.
Alternatively, you can get married outside of Poland, such as through an online marriage service in the state of Utah, which is recognized in Poland. However, you will still need to submit a certified translation of your marriage certificate when applying for a residence permit or citizenship in Poland.
Step 2: Obtain a Residence Permit
After getting married, the next step is to obtain a residence permit in Poland. As a spouse of a Polish citizen, you are eligible for a temporary residence permit. Make sure to apply before your current legal status (e.g., visa or residence card) expires, and ensure that your passport is valid at the time of application. You will need to submit a completed and signed application form, photographs, and a valid travel document (passport).
Step 3: Fulfill Residence Requirements
To be eligible for Polish citizenship, you must reside in Poland continuously for at least 2 years based on a temporary residence permit granted due to your marriage to a Polish citizen. During this period, you can stay outside of Poland for a maximum of 6 months at a time, and all your stays outside Poland should not exceed 10 months in total.
Step 4: Apply for Citizenship
After fulfilling the residence requirements, you can apply to be recognized as a Polish citizen. If you have children under 18 and only one parent is applying for citizenship, the other parent must provide consent for the children to be granted Polish citizenship. The application process may involve additional requirements, so it is recommended to refer to the Polish government's official website for the most up-to-date information.
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Recognition of same-sex marriages in Poland
Poland does not legally recognize same-sex marriages or civil unions. In 2012, the Supreme Court ruled that same-sex couples have limited legal rights with regard to the tenancy of a shared household. A few laws also guarantee certain limited rights to same-sex couples, such as the right to refuse to testify against one's partner and some social benefits.
There have been several attempts to legalize same-sex marriage in Poland. In 2017, four same-sex couples filed a lawsuit challenging the laws that prevented them from marrying and failed to provide any form of legal recognition for same-sex relationships. The case was appealed to the European Court of Human Rights (ECHR). In July 2020, the ECHR invited the Polish government to present its position on the issue. Based on previous rulings, there was hope that the ECHR's decision would lead to the legal recognition of same-sex relationships in Poland.
The ECHR issued its judgment in the case of Przybyszewska and Others v. Poland on December 12, 2023, ruling that Poland had violated the European Convention on Human Rights, specifically Article 8, which protects the right to private and family life, by failing to recognize same-sex unions. The court imposed a positive obligation on the Polish government to introduce a framework recognizing same-sex partnerships. On December 27, 2023, Prime Minister Donald Tusk announced that a bill to legalize same-sex unions would be introduced and debated in parliament in early 2024. However, some analysts believe that even if the bill passes, it may be vetoed by conservative President Andrzej Duda, who has previously made anti-LGBTQ+ statements.
Despite the lack of legal recognition, there have been some instances of same-sex relationship recognition in Poland. In 2004, the Public Transport Authority of Warsaw allowed the cohabiting partners of gay and lesbian employees to travel free on public transport, marking the first case of recognition of same-sex relationships in the country. In 2007, the City Center of Social Assistance of Chorzów recognized persons cohabiting in the same household as a family for purposes associated with the center. In 2011, a Polish writer, Izabela Filipiak, successfully obtained a residency card for her female American partner. Additionally, a lesbian couple was granted the right to register both of their names on their British-born son's birth certificate in 2018.
While Poland does not have a specific law on cohabitation, there are some provisions in various legal acts and Supreme Court rulings that recognize relations between unmarried partners and grant specific rights and obligations. For example, in 2007, the Appeals Court in Białystok recognized same-sex cohabitation, and this ruling was confirmed by the Supreme Court of Warsaw. Furthermore, polling suggests that a majority of Polish people support the legal recognition of registered partnerships and same-sex marriage. An Ipsos poll from June 2024 found that 67% of Poles support the right of same-sex couples to marry or legally register their relationship.
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Frequently asked questions
Yes, Poland does recognize a wedding performed in Utah. A marriage certificate issued in the state of Utah is recognized as an official document in Poland, but an Apostille is required to use it in the country.
An Apostille is a special stamp that makes an American marriage certificate legally valid in Poland.
To get married in Poland, you need to submit the following documents:
- ID cards with photos of the people intending to get married
- Copies of birth certificates of the people intending to get married
- If either party has been married before, a document confirming the termination or annulment of the previous marriage
- A certificate from the country of origin confirming the possibility of getting married, along with a sworn translation of the document into Polish
