Gender Recognition Cases

If you are involved in a gender recognition case: 

Please address the transgender person in accordance with their gender identity or warn the person that you are unable to do so for formal reasons. 

You should know that the current gender recognition procedure in Poland, based on the action for a declaratory judgment under Article 189 of the Code of Civil Procedure, has many drawbacks, but they can be mitigated. Please note the following:

Sexual orientation (i.e. the ability to build lasting relationships with people of certain sex) has nothing to do with gender identity (i.e. the feeling of belonging to certain sex). Experts witnesses should not ask about this, either.

In X i Y p. Romania (19.01.2021, no. 2145/16 et al.), the European Court of Human Rights stressed that According to human rights standards, transgender persons should have access to a speedy and accessible procedure.

Please remember that the obtaining of an opinion of an expert, and especially opinions of several experts, can be very expensive.

The structure of gender recognition procedure requires the claimant to file a legal action against their parents, which may give rise to conflict situations, while in reality their role is purely procedural (for example, it is irrelevant whether they recognise the action).

Sometimes a lot of intimate and personal information is examined in gender recognition proceedings, and talking about it in front of one's parents can be very difficult.