Poland only recognizes same-sex marriage or civil unions conducted within other member states of the European Union (EU) following a 2026 ruling by the Supreme Administrative Court. Poland has been the subject of several rulings by the European Court of Human Rights (ECHR) and the European Court of Justice (ECJ) regarding violations of the rights of same-sex couples. In December 2023, the ECHR ruled in Przybyszewska and Others v Poland that the government had violated Article 8 of the European Convention on Human Rights by failing to recognize same-sex unions, and imposed a positive obligation on the government to introduce a legal framework for partnership recognition. In a subsequent case concerning marriage, the ECJ ruled in Jakub Cupriak-Trojan and Mateusz Trojan v Wojewoda Mazowiecki that Poland had violated the rights of same-sex couples by refusing to recognise marriages contracted abroad, expanding on an earlier ruling from June 2018 that the same-sex spouses of European Union citizens should be granted a right of residency in Poland. In March 2026, the Supreme Administrative Court confirmed that same-sex marriages contracted in other EU member states must be recognized domestically for administrative and residency purposes, ordering local civil registry offices to transcribe non-Polish EU same-sex marriage certificates into the Polish system. In May, the Mayor of Warsaw, Rafał Trzaskowski, announced that the city would begin transcribing same-sex marriage certificates into its registry, despite the absence of legislation at the national level.

Previously, in 2012, the Supreme Court ruled that same-sex couples have limited legal rights with regard to the tenancy of a shared household. A few laws also guarantee certain limited rights to same-sex couples, notably the right to refuse to testify against the partner and some social benefits. However, Article 18 of the Polish Constitution, adopted in 1997, is frequently interpreted as banning same-sex marriage, but in 2022 a court ruled that it does not explicitly preclude its recognition. A bill creating civil unions was introduced to the Parliament of Poland in October 2024, and passed the Sejm by a 230–198 vote on 29 May 2026. However, it was vetoed by President Karol Nawrocki on 17 July. Polling suggests that a majority of Polish people support the legal recognition of registered partnerships and same-sex marriage.

Limited legal rights Background Historical research has shown that during the time of the Second Polish Republic some couples established "marriage contracts" and lived together in joint households. A known partnership involved Marian Kuleszyński and Stefan Góralski, both residents of the Suwałki Region in the early 1920s. While their relationship lacked formal legal status and was kept confidential, the pair entered into a de facto agreement grounded in fidelity, an expectation of enduring commitment, and a "friendship for life oath". This oath comprised stipulations for mutual defense, support, and the safeguarding of the relationship's confidentiality.

In 2004, the Public Transport Authority of Warsaw announced it would allow the cohabiting partners of gay and lesbian employees to travel free on the city's public transport system, marking the first case of recognition of same-sex relationships in Poland. In 2007, the City Center of Social Assistance of Chorzów said it would recognize persons cohabiting in the same household as a family for purposes associated with the center. In 2011, Polish writer Izabela Filipiak successfully obtained a residency card for her female American partner. In addition, a lesbian couple was granted the right to register her and her partner's name on the birth certificate of their British-born son in 2018.

Statutory laws

While Poland does not have a specific law on cohabitation, there are some provisions in various legal acts that recognise relations between unmarried partners and grant specific rights and obligations. For example, article 115(11) of the Penal Code uses the term "closest person" (), defined as "a spouse, an ascendant, descendant, brother or sister, relative by marriage in the same line or degree, a person in an adopted relation, as well as his or her spouse, and a domestic partner". The status of "closest person" provides the right to refuse to testify against the partner under article 182 of the Code of Criminal Procedure. However, the term "domestic partner" is not explicitly defined. In February 2016, the Supreme Court of Poland ruled 6–1 that the term "domestic partner" includes same-sex couples and as such that a person in a same-sex relationship may refuse to testify.

Other laws also provide limited recognition to same-sex couples. Since 2004, when one partner is entitled to social benefits, the income of the other partner is also taken into consideration. Under article 6.14 of the Social Aid Act of 12 March 2004, entitlement to social benefits is dependent on the income per person in a family. The term "family" is used in the act to refer to people who are married, in a de facto partnership, living together and have a common household. In addition, article 3.1(2) of the Patients' Rights Act of 6 November 2008 allows a person to be considered as "next of kin" for medical purposes if their partner suffers an accident or is seriously ill. The definition of "next of kin" includes a "person in a durable partnership" ().

Court cases On 23 February 2007, the Białystok Regional Court adjudicated a financial dispute over the division of assets between two same-sex partners following the end of their relationship. It held that "cohabitation () should be understood as a stable, de facto personal and material community of two people. Gender is irrelevant in this context. [...] There are no grounds for applying different rules to the settlement of homosexual cohabitation from those applicable to heterosexual cohabitation." The Supreme Court upheld the lower court ruling on 6 December 2007, holding that "the constitutional protection of marriage does not mean that forms of cohabitation other than marriage are prohibited by law. There is also no doubt that property settlements between persons in non-marital unions are permissible and that such persons may claim protection with regard to property relations arising during the existence of such a union."

With regard to housing benefits, the Gliwice Regional Administrative Court ruled on 10 January 2008 that "within the meaning of section 4 of the Act of 21 June 2001 on housing benefits, the circle of persons permanently residing in and running a household with a person applying for a housing allowance... may include persons regardless of the family relationship between them and the applicant, including persons in a de facto relationship with the applicant, regardless of their sex". In 2010, a court in Złotów ruled that the same-sex partner of a woman who had died was entitled to continue the lease on their communal apartment. The municipality appealed the verdict, but an appellate court in Poznań rejected the appeal. "The court found that these women actually remained in a stable partnership. Any other interpretation would lead to discrimination based on sexual orientation," said Judge Adam Jutrzenka-Trzebiatowski. On 21 October 2015, the Łódź Regional Administrative Court dismissed an application by a woman to have her family name changed to that of her same-sex partner.

On 28 November 2012, the Supreme Court ruled, in case III CZP 65/12, that the term "person living in cohabitation with the tenant" () in article 691(1) of the Civil Code includes a person of the same sex. This case involved a gay man whose partner, the main tenant of their shared apartment, had died. The court interpreted the law in a way that recognised the surviving partner as authorised to take over the right to tenancy.Legal data in source papers - Poland. The LawsAndFamilies Database. Retrieved 27 December 2017. Previously, in March 2010, the European Court of Human Rights had ruled in the case of Kozak v Poland that a person in a same-sex relationship has the right to inherit from their partner. With regard to tenancy rights, the Warsaw Court of Appeal ruled on 26 June 2014 that:

Registered partnerships

Summary Registered partnerships (, ) are not available in Poland, despite several previous unsuccessful attempts to change the law. The first bill to recognise registered partnerships was introduced in 2002. In 2023, the European Court of Human Rights imposed a positive obligation on the government to establish a legal framework recognizing same-sex unions.

Early bills The first legislative proposal to recognise registered partnerships was proposed in 2002, but did not advance. In November 2004, the Senate of Poland approved a bill allowing same-sex couples to register their relationships as civil unions. The civil unions proposed by the bill would have given couples a range of benefits, protections and responsibilities granted only to married opposite-sex couples, including pension funds and joint tax and death-related benefits, but excluding the right to adopt children. The bill was passed with 38 votes in favour, 23 against and 15 abstentions. However, it lapsed due to the 2005 general election. Only two parties, the Democratic Left Alliance – Labour Union and the Social Democracy of Poland, supported the bill, while Civic Platform (PO), the League of Polish Families and Law and Justice (PiS) opposed it. The Self-Defence of the Republic of Poland was neutral, and the Polish People's Party (PSL) did not take a position. A new registered partnership bill was proposed in late 2007, but was opposed by the government and rejected. In 2008, another bill was drafted by the opposition Democratic Left Alliance (SLD), but was eventually not introduced to the Parliament of Poland due to its low chances of success.

In June 2009, gay and lesbian organisations submitted a petition calling for the legalization of registered partnerships to the Speaker of the Sejm, Bronisław Komorowski. Some politicians from parties opposed to same-sex unions, including Jerzy Buzek (PO) and Michał Kamiński (PiS), had expressed support for certain rights being granted to same-sex couples. Attitudes from some representatives of the Catholic Church had also changed.Innastrona: Wszyscy na tak, Ustawa o związkach partnerskich w Polsce? . Innastrona.pl. Retrieved 20 November 2011. In January 2010, the opposition SLD, in consultation with LGBT organisations, prepared a draft law on registered partnerships, modelled on the bill approved by the Senate in 2004 and similar to the French civil solidarity pact (PACS).Lewica będzie pracować nad projektem ustawy o związkach partnerskich. Queerlife.pl. Retrieved 20 November 2011. However, the bill stood little chance of passing in Parliament as PO, PiS and PSL announced that they would not support it.Debata nad ustawą coraz bliżej?. Innastrona.pl. Retrieved 20 November 2011.Poland's pride?. Economist.com. Retrieved 20 November 2011.Registered Partnerships in Poland in 2016? Związki partnerskie za sześć lat