A court in Poland has allowed adopted children to learn about their biological parents
The Supreme Administrative Court of Poland (Naczelny Sąd Administracyjny, NSA) has ruled that an adult adoptee has the right to obtain information about their biological origins, including the right to know who their biological mother is or was. This is stated in the court’s decision in Case No. II OSK 884/24.
The court emphasized that a person’s right to know their biological identity is one of the fundamental personal rights guaranteed by the Polish Constitution and the European Convention on Human Rights. At the same time, adoption does not deprive a person of the right to obtain information about their origins, even if family law provides for the termination of legal ties with the biological family.
The case was initiated by a petition from an adult woman who had been adopted as a child. In 2023, she requested a copy of her biological mother’s birth certificate in order to learn about her own genetic and ethnic origins, as well as to identify her biological grandparents. The civil registry office denied the request.
The Provincial Administrative Court upheld the registration authority’s position, citing provisions of the Polish Family and Guardianship Code, which provide for the termination of the legal relationship between an adopted person and their biological family following full adoption.
However, the Supreme Administrative Court overturned this decision. The judges noted that the right to information about one’s biological origins stems from Articles 30 and 47 of the Polish Constitution, as well as from Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
The ruling emphasizes that the right to know one’s own origins is an independent personal right of the individual and does not depend on the termination of legal rights and obligations between the adopted person and their biological family. The court also noted that Polish legislation provides a mechanism for exercising this right through the provisions of the Act on Civil Status Records.
Source: Judicial and Legal Gazette.
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