Polish far right proposes law banning adoption of children by same-sex couples

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Notes from Poland is run by a small editorial team and is published by an independent, non-profit foundation that is funded through donations from our readers. We cannot do what we do without your support.

Far-right opposition group Confederation (Konfederacja) has proposed a law banning the adoption of children by same-sex couples, including the adoption of a spouse’s child. It says that the measures will “protect the youngest from depravity” and “exploitation”.

The move was prompted by the fact that Poland, which does not allow for any form of same-sex union in domestic law, has this month begun recognising same-sex marriages conducted in other EU member states, following European and domestic court rulings requiring it to do so.

On Wednesday, one of Confederation’s leaders, Krzysztof Bosak, announced that a “bill prohibiting homosexual adoptions” had been submitted to parliament.

“Few people realise that, under current Polish law, there is no such prohibition,” he wrote. “Until now, it hasn’t been necessary, as the matter was self-evident. Now, it no longer is.”

“[Prime Minister] Donald Tusk’s government, in defiance of the constitution, registers foreign ‘marriages’ of homosexuals, while the Court of Justice of the European Union (CJEU) enforces the implementation of a left-wing ideological agenda.”

The bill says that a person may not adopt a child if they are married under foreign law to a person of the same sex, in any other similar form of registered same-sex union, or even if they are cohabiting with a same-sex partner. It also specifies that this applies to someone who wants to adopt the child of their spouse.

“We need clear provisions to protect children,” wrote Bosak, who noted that all parties in Tusk’s ruling coalition apart from The Left (Lewica) have expressed opposition to same-sex adoption. “So there shouldn’t be a problem gathering a majority [in support of the bill], right?”

At a press conference, Confederation spokesman Michał Urbaniak said that the proposed law would “protect the youngest from depravity, from – let’s not be afraid to say it – the risk of exploitation”.

Speaking alongside him, Confederation MP Krzysztof Mulawa claimed that “there are numerous media reports of homosexuals harming children in England and the United States and we want to protect every Polish child from such situations”.

In actual fact, leading scientific and medical organisations, such as the American Psychological Association and Cornell University, have noted that academic studies show no increased risk of harm, including sexual abuse, to the children of same-sex couples.

Confederation’s move comes after two Polish cities, Warsaw and Wrocław, last week begin transcribing foreign same-sex marriages into their civil registries.

Those decisions were taken in response to a ruling by the CJEU last November requiring Poland to recognise such marriages conducted in other EU member states, followed by another from Poland’s Supreme Administrative Court (NSA) ordering Warsaw to transcribe one such marriage certificate.

The two cities acted despite the Polish government not yet introducing any regulations allowing for same-sex marriages to be entered into the registry system, which currently only recognises male-female unions.

However, the interior and digital affairs ministries, which are responsible for running the system, have pledged to introduce such a regulation this week, though it is then expected to take months to come into effect.

Earlier this month, Tusk personally apologised to same-sex couples for the “years of rejection and humiliation” they have experienced due to Poland not legally recognising their relationships. He pledged to take action to ensure their rights were respected.

However, at the same time, the prime minister also made clear that, even if such relationships are recognised, “this is in no way a path to [allowing] adoption” by same-sex couples.

In actual fact, it remains uncertain what the legal consequences of transcribing foreign same-sex marriages into the Polish registry will be, with experts saying it will take time – and potential further court rulings – for norms to be established.

While Tusk’s ruling coalition, which ranges from left to centre right, has approved a proposed law allowing same-sex couples to receive certain rights normally granted to married couples, this does not include parental or adoptions rights. Moreover, the bill has yet to be voted on by parliament.

Other than The Left (Lewica), which is a junior partner in the coalition and its most socially liberal element, no parties in the government have expressed support for allowing same-sex adoption.

Public opinion polls also indicate that, while a majority of Poles now support the idea of same-sex civil partnerships, only a minority are in favour of allowing same-sex marriage and even fewer support the right to adoption by same-sex couples.

In 2024, state research agency CBOS found that only 23% of the public supported the right to adoption (up from 6% in 201), while 70% were opposed (down from 89% in 2010).

Speaking on Thursday, Katarzyna Kotula, a leading figure in The Left and the plenipotentiary for equality in Tusk’s chancellery, criticised Confederation’s proposals. She noted that there are already an estimated 50,000 children in Poland living in “rainbow families“.

“What are we supposed to do with these children? We’re supposed to delegalise them, take them out of the country, eliminate them?” she asked, mockingly noting that Confederation claims to be a “pro-life party, saying that every life is important and sacred”.

At the time of writing, other parties in the ruling coalition had not taken a position on Confederation’s proposal.

Notes from Poland is run by a small editorial team and published by an independent, non-profit foundation that is funded through donations from our readers. We cannot do what we do without your support.

Daniel Tilles

Daniel Tilles is editor-in-chief of Notes from Poland. He has written on Polish affairs for a wide range of publications, including Foreign Policy, POLITICO Europe, EUobserver and Dziennik Gazeta Prawna.