The list of government legislative works published today includes: information on the draft law on registered partnerships. Such a union will be able to be formed by two unmarried adults, regardless of their gender. “Every next step brings us closer to a Poland that will be friendlier, safer and more open – for everyone. The Poland we promised you,” exclaimed Katarzyna Kotula, Minister of Equality, on Platform X.
The list of legislative works of the government contains information on the draft law on registered partnerships and the draft law introducing the law on registered partnerships. As mentioned, the planned date of adoption by the Council of Ministers is the fourth quarter of this year.
It was noted that the draft law on registered partnerships – together with the draft introductory law – contains provisions enabling the implementation of the judgment of the European Court of Human Rights (ECtHR) of 12 December 2023 in the case of Przybyszewska and Others v. Poland.
It entails the obligation to provide protection to same-sex couples, which must include material aspects (alimony, taxes, inheritance) as well as rights and obligations regarding mutual assistance)
– emphasized.
Registered partnership
In 2023, the ECtHR ruled that Poland had violated Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, i.e. the right to respect for family and private life.
The aim of the project – as stated in the government information – is to introduce the institution of registered partnership into the Polish legal system and implement the judgment of the ECtHR.
The establishment of registered partnerships will be available to same-sex and opposite-sex couples
– informed.
It was noted that the adoption of the Registered Partnerships Act is a solution to the problem of lack of recognition and protection of informal partnerships.
The bill is intended to regulate the rules for entering into and terminating a registered partnership, the rights and obligations of persons in a registered partnership and the property relations between them.
The bill provides that a registered partnership can be entered into by two unmarried adults, regardless of their gender
– informed.
Impact on a person’s marital status
It was noted that a registered partnership affects the marital status of a person. Therefore, the head of the registry office is assured that there are no obstacles to its conclusion.
The head of the registry office assesses the possibility of entering into a marriage and records this in the partnership register
– it was written.
The government information stated that the project also includes regulations regarding common property. It states that when entering into a registered partnership, the persons involved are bound by the regime of separation of property.
Persons in a registered partnership may establish a community of property (partnership property) by means of an agreement concluded in the form of a notarial deed (partnership property agreement) to cover the property (community property) mentioned in this agreement. Such an agreement may precede the conclusion of a registered partnership
– submitted.
Expanding the definition of a close person
Information about the draft introductory law states that “the bill will contain provisions that amend currently applicable law to grant persons in civil partnerships rights in the areas of health care, social security, inheritance tax and taxation.”
In particular, the project will extend the definition of a close person in the law of 6 November 2008 on the rights of patients and the Patients’ Ombudsman, and grant the right to burial in the law of 31 January 1959 on cemeteries and burial of the dead, and allow legal inheritance after the deceased partner/deceased partner, exemption from inheritance and gift tax and civil transactions, introduce the possibility of joint settlement of partners who have concluded a joint property agreement, the possibility of covering the partner with health insurance, representing the partner before offices and courts, introduce the right to a survivor’s pension in the event of the death of a partner and to care allowance in the event of the need to care for a sick partner
– we are reading.
The information shows that according to the 2021 National Census, the number of marriages in Poland is decreasing, but the number of informal relationships is increasing.
In 2011, there were 316.5 thousand, and in 2021 – 552.8 thousand. The number of married couples without children is also growing: in the past ten years, the number of married couples with children has decreased from 41.8%. of all families to only 22.3 percent
– we are reading.
The statistics clearly show – it was noted – that more and more families in Poland are people with informal relationships.
Therefore, there is undoubtedly a social need to increase the legal protection of families created by same-sex couples and different-sex couples who do not marry.
– reported.
Kotula is happy with the project
Katarzyna Kotula, Minister of Equality, is responsible for developing the project.
I love Monday! After many months of meetings, negotiations and work of the team of experts, the draft law on civil partnerships is officially on the government’s track. What does it mean? We have included the project in the list of government works. This is the next step, and we still need interministerial agreements and public consultations. Every next step brings us closer to a Poland that will be friendlier, safer and more open – for everyone. The Poland we promised you
– is looking forward to the X platform.
aja/PAP, X
Source: wPolityce