Polish court grants adoptees right to biological parent's birth certificate

The Supreme Administrative Court (NSA) in Poland has affirmed that adopted individuals have the right to obtain a full copy of their biological parent's birth certificate. This landmark decision supports adoptees seeking to uncover their origins and identity.

The case originated in May 2023 when a civil registry office official denied a woman's request for her biological mother's birth certificate. The woman, who was adopted, stated her desire to learn about her genetic and ethnic background, including information about her biological grandparents. She noted that information about her biological father was insufficient for identification.

The registry official cited a lack of legal interest as grounds for refusal, a stance later upheld by the Voivodeship Administrative Court. The court argued that simply wanting to know one's origins was not sufficient to establish a concrete, legally recognized interest.

Undeterred, the woman appealed, citing constitutional rights, human rights conventions, and the rights of the child. She argued that understanding her biological identity was crucial for her self-awareness, value system, personal development, and even for medical reasons, such as identifying potential genetic health conditions.

However, the Supreme Administrative Court's ruling now clarifies that the desire to know one's origins constitutes a sufficient legal interest for obtaining such documents, overriding previous interpretations that required a more narrowly defined legal basis. This ruling is expected to significantly impact adoption and identity rights in Poland.