Information Note on the Court’s case-law 227

March 2019

S.-H. v. Poland (communicated case) - 56846/15 and 56849/15

Article 14

Discrimination

Refusal to grant Polish nationality to children of same-sex couple born through surrogacy in USA: communicated

The applicants are twin brothers born in the USA through surrogacy. Their parents are two men, living together in a long-term same-sex relationship. One of their parents, the applicants’ genetic father, has Polish citizenship.

The administrative authorities refused their application for Polish nationality on the basis that surrogacy was illegal in Poland and that their birth certificates, indicating two men as their parents, contravened the Polish legal system. Furthermore, according to the Polish legal system and the principle of presumption of paternity, the applicants’ parents were the surrogate mother and her husband (USA nationals).

Communicated under Articles 8 and 14 of the Convention.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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