The Court interpreted the law in a way that recognised the surviving partner as authorised to take over the right to tenancy. Ī resolution of the Supreme Court from 28 November 2012 ( III CZP 65/12) on the interpretation of the term "a person who has lived actually in cohabitation with the tenant" was issued with regard to the case of a gay man who was the partner of a deceased person, the main tenant of the apartment. o prawach pacjenta i Rzeczniku Praw Pacjenta), the definition of "next of kin" ( Polish: osoba bliska) includes a "person in a durable partnership" ( Polish: osoba w trwałym pożyciu). Under Article 3.1(2) of the Patients' Rights Act of 6 November 2008 ( Polish: Ustawa z dnia 6 listopada 2008 r. Since 2008, if one partner suffers an accident or is seriously ill, the other partner is considered as a next of kin for medical purposes. The term "family" is used in the act to refer to people who are married, in a de facto partnership, living together and have a common household. o pomocy społecznej), entitlement to social benefits is dependent on the income per person in a family. Under Article 6.14 of the Social Aid Act of 12 March 2004 ( Polish: Ustawa z dnia 12 marca 2004 r. For instance, since 2004, when one partner is entitled to social benefits, the income of the other partner is also taken into consideration.
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Other laws also provide limited recognition for same-sex couples. A March 2016 landmark decision of the Supreme Court regarding same-sex partners' rights confirmed that the wording also includes same-sex partners. The term "partner" is not explicitly defined. The status of "the closest person" gives the right of refusal to testify against the partner.
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For example, Article 115(11) of the Penal Code ( Polish: Kodeks karny) uses the term "the closest person", which covers romantic relations that are not legally formalised. While Poland does not have a specific law on cohabitation, there are some provisions in various legal acts or Supreme Court rulings that recognise relations between unmarried partners and grant them specific rights and obligations. 2.5 European Court of Human Rights cases.1.2 2018 European Court of Justice ruling.Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent.Some cities and prefectures issue certificates for same-sex couples, but they are not legally binding.Unregistered cohabitation or Maitri Karar–type contractual relationships.
Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Registered foreign marriages confer limited rights. Neither performed nor recognized in American Samoa or some tribal nations.Neither performed nor recognized in six British Overseas Territories.Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed. Performed in the Netherlands proper, including the Caribbean Netherlands.Performed statewide in 25 of 31 states and in Mexico City, in certain municipalities in one other state, and recognized by all states in such cases.