Speaking ahead of a cabinet meeting on May 12, Polish Prime Minister Donald Tusk pledged that Poland would move to recognize same-sex "marriages" conducted in other European Union countries involving Polish citizens.
Since Poland currently does not recognize same-sex "marriage" or civil partnerships under domestic law, Tusk's decision means that Polish same-sex unions that are recognized abroad will similarly be recognized, transcribed, and officially entered into Poland's civil registry.
Tusk urged ministers to finalize regulations as quickly as possible to standardize the transcription process nationwide. He also said the decision was set in motion by rulings from the European Union's highest court and Poland's Supreme Administrative Court.
In November 2025, the Court of Justice of the European Union ruled that EU member states must recognize same-sex marriage ceremonies performed in other member countries for certain administrative purposes. In March 2026, Poland's Supreme Administrative Court reinforced that principle by ordering Warsaw authorities to register the marriage certificate of a Polish same-sex couple "married" in Germany.
The prime minister also offered a public apology to same-sex couples in Poland, saying many had experienced "years of rejection and humiliation" from the state.
Warsaw moves ahead of national legislation
On the same day as Tusk's announcement, the mayor of Warsaw, Rafal Trzaskowski, a senior figure in Tusk's political camp, stated that the city would begin recognizing same-sex unions of Polish citizens conducted elsewhere in the EU, even before national legislation is adopted.
Two days later on May 14, Trzaskowski said the city "issued the first transcription of a marriage certificate for a same-sex couple, in accordance with the court rulings."
Proposed changes to civil registry system
More broadly, Poland's digital affairs ministry proposed technical changes to the national civil registry system to facilitate recognition of foreign same-sex relationships designated as marriage.
Under current regulations, the system only recognizes marriage as between a man and a woman. The ministry has proposed replacing the categories "husband" and "wife" with neutral terms such as "first spouse" and "second spouse."
However, the proposal remains under discussion within the government. Poland's interior ministry has reportedly argued that implementing such changes may require parliamentary legislation rather than a simple administrative regulation.
Legal experts challenge administrative solution
Polish legal observers argue that the government's approach may exceed its legal authority. Olivier Bault, communications director for Ordo Iuris, told EWTN News that what Polish authorities are presenting as a technical administrative update to marriage certificate templates is, in reality, "an attempt to redefine marriage."
Bault pointed to Article 18 of the Polish Constitution, which defines marriage as a union between a man and a woman, alongside provisions in the Family and Guardianship Code and the Civil Registry Records Act, which he said collectively establish a clear legal framework that cannot be altered through ministerial regulation.
"No ministerial decree can lawfully override this hierarchically layered framework," Bault said. He also said that the statutory powers granted to Tusk's government only permit the modification of document templates and do not authorize the creation of new civil-status categories.
He went on to explain that the transcription of foreign same-sex unions into Polish records would not create a legally recognized marriage under Polish law. "The individuals listed will not be spouses within the meaning of the Family and Guardianship Code and will enjoy no matrimonial rights," Bault said.
Instead, he stated, the changes would create "legal confusion."
Constitutional obstacles and internal government division
One of Tusk's government's major campaign promises was the legalization of civil unions for same-sex couples.
Despite a majority in parliament, Tusk's coalition includes conservative factions who have expressed reluctance toward expanding LGBT rights. To reassure those members, he stressed that the recognition of foreign same-sex "marriages" would "in no way" create a pathway toward allowing the adoption of children by same-sex couples.
Yet divisions within the governing alliance over LGBT-related policies remain significant. Observers have also noted that any legislative changes would likely face opposition from Polish President Karol Nawrocki, a staunch Catholic, who retains veto power over legislation passed by parliament.
Previously, there were two motions for the government to introduce bills on civil partnerships into parliament; however, both failed due to a lack of support from more conservative coalition members.
Despite Tusk's pledge and his government's efforts to recognize same-sex union ceremonies performed abroad for Polish couples, none of the rulings mean that Poland is obliged to legalize same-sex "marriage" domestically.
