How to prove Polish citizenship if you were born out of wedlock to a Polish father?

Proving Polish citizenship via paternal line should be a piece of cake. But it can be a bittersweet experience when the topic of being born out of wedlock is on the table. We’ll explain in which cases being born in wedlock is crucial and how to get the necessary documents to get the ball rolling.

There are three main Polish citizenship acts that are taken into account during case analysis. Each of them has different rules in terms of being born in or out of wedlock. Let’s start from the oldest one.

Polish citizenship act from 20th January 1920

According to this law, which was in force from 31st January 1920,  illegitimate children have citizenship after their mother, whereas legitimate children have citizenship after their father. It may sound pretty clear, but there is a way to get round the law. If parents of an illegitimate child got married before January 1951, then their child, even if born out of wedlock, had the privileges of a legitimate child. 

Let’s say that your ancestor was born in June 1939 as an illegitimate child to a Polish father, but his parents got married in 1945. In such a case, your ancestor will be treated exactly the same as if he was the legitimate child of a Polish father. In other words, Polish lineage was not broken (at least not by being an illegitimate child).

Polish citizenship act from 8th January 1951

This regulation, which was in force from 19th January 1951, is the most liberal of all Polish citizenship acts, especially in terms of children of Polish citizen(s). In fact, it doesn’t say a word regarding being born in or out of wedlock. So, if one of the parents was a Polish citizen, their child was a Polish citizen as well. And it is true as far as the child was born between 19th January 1951 and 20th August 1962.

Last but not least: children born out of wedlock under the Polish citizenship act from 15th February 1962

This law, effective since 21st August 1962, is pretty restrictive for illegitimate children in terms of proving citizenship via paternal line. To make it simple, it is necessary to prove that the Polish citizen was officially recognized as a father of a child before the child turned one year old. Usually you can do it by providing one additional document with your Polish citizenship application:

• confirmation of paternity, issued no later than one year from the moment of child’s birth;
  (or)
• original birth certificate issued (not only registered!) no later than one year from the moment of child’s birth;
  (or)
• certified copy of birth registration/statement of live birth. It has to include the name and surname of the father. Date of issuance is not important here. Birth registration/statement of live birth is issued just after a child’s birth. Usually, a birth certificate is created on its basis. As long as the authorities of your country of birth can provide you with an official copy of such a document (and usually they can!), you have it covered.

So, being born out of wedlock to a Polish father (usually) doesn’t mean that one can’t get Polish citizenship. It means that more documents or specific documents may be required during the process. If you are unsure, we’re here to check your case and documents. Just reach out to us 🙂