(a) The birth mother, who is automatically recognized as a legal parent at birth (Article 61^9).
(b) The biological father, who is presumed to be the legal parent if married to the mother (Article 62) or if he acknowledges paternity (Article 72). For unmarried couples, the father must formally acknowledge the child or establish paternity through court proceedings (Article 72).
In cases of informal sperm donation (e.g., at-home artificial insemination or natural insemination), the donor may be recognized as the legal father if he acknowledges paternity or if a court establishes paternity based on biological evidence or intent to parent (Article 72), particularly if he is involved in the child’s life post-birth.
Assisted Reproduction:
In Poland, assisted reproduction is regulated under the Law on Infertility Treatment of 2015 (Ustawa o leczeniu niepłodności, Internetowy System Aktów Prawnych). “Donor-assisted human reproduction” (DAHR) involves donated gametes used in licensed fertility clinics (Article 2). Note: Informal sperm donation outside clinical settings is prohibited and considered illegal under this framework.
DAHR is permitted only for married heterosexual couples or those in stable relationships (Article 5). Same-sex couples and single women are excluded. Donors must be 18-35 years old, healthy, and anonymous—children have no legal right to access donor information (Article 21).
Sperm Donor Agreements:
In regulated DAHR, the donor is not a legal parent if the procedure complies with the 2015 Law. The intending parents are recognized as legal parents at birth (Article 9). Note: Informal sperm donation lacks this protection—donors risk being recognized as legal parents under general paternity laws (Article 62 or 72), especially if they acknowledge the child or are involved post-birth.
For natural insemination (NI) or informal AI, Polish law does not provide specific exclusions for donors. A donor could be deemed the legal father if paternity is established, particularly if the mother is unmarried and the donor acknowledges the child. Courts may also intervene to establish paternity if there’s evidence of intent to parent.
Surrogacy:
Surrogacy is illegal in Poland under the Family and Guardianship Code and the 2015 Law on Infertility Treatment (Article 21). Any surrogacy agreement, whether altruistic or commercial, is void, and parentage defaults to the birth mother.
International surrogacy arrangements are not recognized, and intending parents face significant legal barriers to establish parentage. Courts may refuse to register children born via surrogacy abroad, often requiring adoption proceedings (Supreme Court, 2018).
Parentage Agreements:
In regulated DAHR, parentage is formalized through consents at fertility clinics, with intending parents recognized at birth registration (Article 9). Informal agreements (e.g., co-parenting or donor contracts outside DAHR) lack legal standing in Poland. Courts may need to intervene under Article 72 to establish or contest paternity if disputes arise.
Informal arrangements carry significant legal risks, as Polish law prioritizes biological parentage over intent in non-regulated settings. A donor could claim paternity, or the mother could seek child support, depending on judicial interpretation.