The Supreme Court has eased the procedure for correcting gender in documents. What changes does the new resolution make, and what absurdity has been eliminated?

On March 4, 2025, the Civil Chamber of the Supreme Court passed a landmark resolution on the procedure for correcting gender in documents. The change eliminates the need to sue parents in a lawsuit, which was previously required in metric sex determination proceedings.

What will change?

Previously, metric sex determination proceedings were litigated, which meant that there had to be two parties: the plaintiff and the defendants. The defendants were usually the parents of the transgender person, and sometimes the spouse or children. This construction was artificial and resulted from a general provision of the Code of Civil Procedure (Article 189), which allowed lawsuits to be initiated to establish different cases.

“Metric sex determination proceedings were not regulated by law. Until now, it was held in court in a trial, which required two parties. Such a course of action was set by a Supreme Court resolution of June 22, 1989.” - Anna Grudzień-Kurpiewska, legal counsel, explains in a commentary for Wprost.pl.

New solution

The new Supreme Court resolution introduces significant changes. Gender correction proceedings will now be conducted in a non-trial mode, which means there is no need to create a sham dispute between the parties.

“The Supreme Court said that due to the personal nature of these cases, the determination of metric sex should be done in non-trial proceedings. This removes the need for bilateral proceedings and the creation of a fictitious dispute between the transgender person and the parents,” explains Anna Grudzień-Kurpiewska

In non-procedural proceedings, only the transgender person will have an interest. The exception is if the person is married, in which case the circle of interested persons will also include his or her spouse. As Grudzień-Kurpiewska points out, “An existing marriage would become, if the application is granted, a same-sex marriage, which is incompatible with Article 18 of the Polish Constitution.”

Eliminating absurdities

The previous solution was seen as absurd because it required suing the parents, which was not justified in a real dispute.

Anna Grudzień-Kurpiewska adds, “According to the Supreme Court, there are no arguments to justify the claim that the outcome of gender determination cases involves their parents. As a result, the proceedings will proceed exclusively with the participation of a transgender person.”

The new Supreme Court resolution has eliminated this absurdity, allowing transgender people to make gender adjustments without involving their parents in court proceedings. As Anna Grudzień-Kurpiewska comments, “This solution is more flexible and takes into account the personal nature of these cases, which is important for people who are going through this process.”

In summary, the Supreme Court's March 4, 2025 resolution simplifies the gender correction procedure by eliminating the need to sue parents and introducing a non-trial procedure. This solution is seen as groundbreaking and more in line with the needs of transgender people.

Translated with DeepL

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