Current Version
| Region | Poland |
| Issue | Right to change legal gender |
| Status | Legal, but requires medical diagnosis |
| Start Date | 1995 |
| End Date | (none) |
| Description | Gender marker change requires initiating a court procedure in which the applicant must file an “assessment suit”, manufacturing proceedings between the applicant and their family. This procedure is very subjective and can result in summary dismissal of the applicant’s suit. Conditions can include a “real-life test”, requiring the applicant to have expressed their gender identity publicly for two years (often without any medical intervention) and medical testing, both psychological and physical. This procedure is based on the Supreme Court decision of 22 March 1991 which interprets the sense of belonging to a gender as “a personal good”, per Article 23 of the Civil Code (1964), meaning that a suit can be brought on this basis under Article 189 of the Code. Another Supreme Court judgment of 22 September 1995 established that parents or guardians of the applicant are the defendants in the lawsuit taken. Reports produced by Transfuzja showed that a diagnosis of “transsexualism” can be obtained through a series of tests and examinations, both psychological and physical, including head x-rays, genitalia examination and karyotype check. As there are no unified standards to diagnose a person of “transsexualism” in Poland, healthcare providers “recommend” a two-year “real life” test, during which the applicant is required to live full-time as their preferred gender, but they are not prescribed any hormonal treatment and they are still unable to change their legal status. While it is possible to receive hormonal treatment without a diagnosis, this practice can complicate legal gender recognition court procedures. In the resolution of the Court Supreme Court (ref. no. III CZP 100/77), the court found admissible gender change without surgery. In the same judgment, the court decided that it was possible to rectify the birth certificate. |
| Sources | https://bip.brpo.gov.pl/sites/default/files/Postepowania_w_sprawach_o_ustalenie_plci.pdf https://database.ilga.org/poland-lgbti |
Reports (1)
- Date is incorrect "As mentioned in the text, the surgery requirement was removed on 25th of February 1978 in case number III CZP 100/77
http://www.traktat.pl/blog/Korekta-plci/"
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Revision History (4)
| Old Value | New Value | |
|---|---|---|
| Value | Illegal | Legal, but requires medical diagnosis |
| Start Date | (unknown) | 1991 |
| Description | In the resolution of the Court Supreme Court (ref. no. III CZP 100/77), the court found admissible gender change without surgery. In the same judgment, the court decided that it was possible to rectify the birth certificate. | Gender marker change requires initiating a court procedure in which the applicant must file an “assessment suit”, manufacturing proceedings between the applicant and their family. This procedure is very subjective and can result in summary dismissal of the applicant’s suit. Conditions can include a “real-life test”, requiring the applicant to have expressed their gender identity publicly for two years (often without any medical intervention) and medical testing, both psychological and physical. This procedure is based on the Supreme Court decision of 22 March 1991 which interprets the sense of belonging to a gender as “a personal good”, per Article 23 of the Civil Code (1964), meaning that a suit can be brought on this basis under Article 189 of the Code. Another Supreme Court judgment of 22 September 1995 established that parents or guardians of the applicant are the defendants in the lawsuit taken. Reports produced by Transfuzja showed that a diagnosis of “transsexualism” can be obtained through a series of tests and examinations, both psychological and physical, including head x-rays, genitalia examination and karyotype check. As there are no unified standards to diagnose a person of “transsexualism” in Poland, healthcare providers “recommend” a two-year “real life” test, during which the applicant is required to live full-time as their preferred gender, but they are not prescribed any hormonal treatment and they are still unable to change their legal status. While it is possible to receive hormonal treatment without a diagnosis, this practice can complicate legal gender recognition court procedures. In the resolution of the Court Supreme Court (ref. no. III CZP 100/77), the court found admissible gender change without surgery. In the same judgment, the court decided that it was possible to rectify the birth certificate. |
Show Difference | ||
| Old Value (Original) | New Value | |
|---|---|---|
| Value | Legal, no restrictions | Illegal |
| Start Date | Feb 25, 1978 | (unknown) |
| Sources | https://bip.brpo.gov.pl/sites/default/files/Postepowania_w_sprawach_o_ustalenie_plci.pdf | https://bip.brpo.gov.pl/sites/default/files/Postepowania_w_sprawach_o_ustalenie_plci.pdf https://database.ilga.org/poland-lgbti |
Show Difference | ||
| Original entry | |
|---|---|
| Status | Legal, no restrictions |
| Start Date | Feb 25, 1978 |
| End Date | (none) |
| Description | In the resolution of the Court Supreme Court (ref. no. III CZP 100/77), the court found admissible gender change without surgery. In the same judgment, the court decided that it was possible to rectify the birth certificate. |
| Sources | https://bip.brpo.gov.pl/sites/default/files/Postepowania_w_sprawach_o_ustalenie_plci.pdf |