More and more Poles are deciding to get married outside the country, often to citizens of other nations. A ceremony in an exotic setting or in the spouse’s home country is a beautiful experience, but upon returning to Poland, legal questions arise: Is our foreign marriage valid in Poland at all? Do we need to report it somewhere? How can we obtain a Polish marriage certificate? This article answers these key questions.
Introduction: love Abroad, formalities in Poland
Getting married abroad is just the beginning if you plan a life together in Poland or need to handle formal matters within the country. Although the ceremony itself might have been simple, recognizing its legal effects in Poland and obtaining Polish documents requires taking certain steps. Fortunately, in most cases, this is a relatively straightforward process involving the registration of the foreign marriage certificate.
Is a marriage contracted abroad automatically valid in Poland?
As a general rule, YES, a marriage validly contracted abroad is recognized in Poland, but under certain conditions.
The Principle of the Place of Celebration (lex loci celebrationis)
Polish private international law states that the form of marriage is governed by the law of the state in which it is celebrated. This means that if you fulfilled all the formalities required by the law of the country where you got married (e.g., obtained the necessary licenses, the ceremony was conducted by an authorized official/clergyman), then in terms of form, your marriage is also valid in Poland.
Limits to Recognition – The Public Policy Clause
Formal correctness alone is not sufficient. A marriage contracted abroad must not violate the fundamental principles of the Polish legal order (klauzula porządku publicznego). This means a marriage will not be recognized in Poland if, at the time of its conclusion, it violated Polish impediments to marriage, such as:
- Existence of a prior, undissolved marriage (bigamy).
- Too close family relationship between spouses (kinship).
- Lack of required age.
- Lack of free will to consent to marriage.
- Important Note: According to the current legal state and the Polish Constitution, which defines marriage as a union between a woman and a man, same-sex marriages, even if legally contracted abroad, are not recognized as marriages in Poland and are not subject to transcription as marriage certificates.
However, if your marriage was concluded in accordance with the law of the place of celebration and does not violate fundamental principles of Polish law, it is valid in Poland from the moment it was contracted abroad.
Transcription – The key to a “Polish” marriage certificate
Although the foreign marriage is valid, for it to have full legal effect in Poland and for you to use Polish documents, it needs to be registered in the Polish civil registry (rejestr stanu cywilnego). This process is called transcription of a foreign marriage certificate (transkrypcja zagranicznego aktu małżeństwa).
What is Transcription and Why Is It Needed?
Transcription is the faithful transfer of the content of a foreign vital record (in this case, a marriage certificate) into the Polish civil registry. It is necessary to:
- Obtain a Polish marriage certificate extract (odpis aktu małżeństwa), which is required by many offices and for various life situations in Poland.
- Officially change a surname in Polish documents (if such a change occurred upon marriage).
- Enable the foreign spouse to apply for a residence permit in Poland based on marriage.
- Settle inheritance matters, tax issues, insurance claims, or social benefits.
- Have official proof of marital status recognized by Polish authorities.
Is Transcription a Remarriage?
Absolutely NOT. Transcription is not a second wedding ceremony, nor is it an assessment of the marriage’s validity (which stems from the rules described earlier). It is merely a technical and administrative act of registering the fact of a marriage contracted abroad in the Polish records.
How to transcribe a foreign marriage certificate?
The procedure is relatively simple but requires gathering the correct documents.
Where to Apply? (USC or Consulate)
An application for transcription can be submitted:
- At any Civil Registry Office (Urząd Stanu Cywilnego – USC) in Poland.
- Through a Polish consul in your country of residence abroad.
Necessary Documents – What to Prepare?
- Application for transcription (available at the USC or consulate website).
- Original foreign marriage certificate. This must be an official document issued by the competent authority in the respective country.
- Authentication of the foreign marriage certificate: Usually required is either legalization (done by a Polish consul in the country where the document was issued) OR an Apostille (if the issuing country is party to the 1961 Hague Convention). Documents from EU countries often do not require authentication – it’s worth checking.
- Sworn translation of the foreign marriage certificate into Polish: Must be done by a sworn translator in Poland or by a Polish consul.
- Identity documents of the applicant(s) (ID card or passport).
- Sometimes, birth certificate extracts of the spouses might be needed (e.g., to determine the spelling of names).
- Proof of payment of the administrative fee for transcription.
Legalization or Apostille – How to authenticate a foreign document?
This is a key element. Without proper authentication (if required), the USC or consul will not accept the foreign marriage certificate.
- Apostille: Used for documents from countries party to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents. It is issued by a designated authority in the document’s country of origin.
- Legalization: Used for documents from countries not party to the Hague Convention. It is performed by the Polish consul in that country.
Ewa and Ben’s story: From a Sydney wedding to registration in Warsaw
Ewa (Polish) and Ben (Australian) had a civil wedding in Sydney. After several years, they decided to move to Poland. They knew their Australian marriage was valid, but for Ben to apply for a residence card as Ewa’s husband, they needed a Polish marriage certificate. Ewa went to the USC in Warsaw with the original Australian marriage certificate (which had an Apostille attached in Australia) and its sworn translation. She submitted the transcription application and, after a few weeks, was able to collect the Polish marriage certificate extract, which paved the way for Ben’s further residence formalities.
Summary: foreign marriage valid, but register it in Poland!
A marriage contracted abroad is generally valid in Poland, provided it complied with the law of the place where it was celebrated and does not violate fundamental principles of Polish public policy. However, to fully exercise the rights arising from the marriage within Poland and use Polish documents, transcription of the foreign marriage certificate in a Polish Civil Registry Office is necessary.
Having trouble obtaining an Apostille or legalization for your foreign marriage certificate? Need help with the transcription process or sworn translation? Unsure about the status of your foreign marriage in Poland? You are welcome to contact our law firm. We will assist you with the formalities.
