Poland does not legally recognize same-sex unions, either in the form of marriage or civil unions. In 2012, the Supreme Court ruled that same-sex couples have limited legal rights in regards to the tenancy of a shared household. A few laws also guarantee certain limited rights for unmarried couples, including couples of the same sex. Same-sex spouses also have access to residency rights under EU law.
Article 18 of the Polish Constitution, adopted in 1997, was frequently interpreted as banning same-sex marriage, but the latest (2019) court ruling states that it does not preclude their recognition.
Unregistered cohabitation
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. For example, Article 115(11) of the Penal Code () uses the term "the closest person", which covers romantic relations that are not legally formalised. The status of "the closest person" gives the right of refusal to testify against the partner. The term "partner" is not explicitly defined. A March 2016 landmark decision of the Supreme Court regarding same-sex partners' rights confirmed that the wording also includes same-sex partners.
Other laws also provide limited recognition for same-sex couples. For instance, since 2004, when one partner is entitled to social benefits, the income of the other partner is also taken into consideration. Under Article 6.14 of the Social Aid Act of 12 March 2004 (), entitlement to social benefits is dependent on the income per person in a family. 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. 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. Under Article 3.1(2) of the Patients' Rights Act of 6 November 2008 (), the definition of "next of kin" () includes a "person in a durable partnership" ().
A 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. The Court interpreted the law in a way that recognised the surviving partner as authorised to take over the right to tenancy. The Court stated that the person actually remaining in cohabitation with the tenant - in the meaning of Article 691 § 1 of the Civil Code - is a person connected with the tenant by a bond of emotional, physical and economic nature. This also includes a person of the same sex. Previously, in March 2010, the European Court of Human Rights ruled, in the case of Kozak v. Poland, that LGBT people have the right to inherit from their partners.
In one case in 2011, a Polish writer, Izabela Filipiak, managed to get a residency card for her American partner.
In 2018, a lesbian couple was granted the right to register their British-born son as their own.
Historian Kamil Karczewski has unearthed evidence of what may be the earliest documented instance of a same-sex partnership resembling marital union in the legal history of Poland. The partnership involved Marian Kuleszyński and Stefan Góralski, both residents of the Suwałki region in the early 1920s. While the relationship lacked formal legal status and was kept confidential, the pair entered into a de facto agreement grounded in fidelity, an expectation of enduring commitment, and a 'friendship for life oath.' This oath comprised stipulations for mutual defense, support, and the safeguarding of the relationship's confidentiality. The case serves as a landmark discovery in the legal and cultural history of LGBTQ+ relationships in Poland, shedding light on the legal intricacies and social dynamics of same-sex partnerships during this period.
Limited symbolic recognition
In 2004, the Warsaw Public Transport Authority's decision to allow cohabiting partners of gay and lesbian employees to travel free on the city's public transport system was the first case of recognition of same-sex couples in Poland. In 2007, a decision of Chorzów's City Center of Social Assistance recognized persons living in a common relationship in the same household as a family, for various purposes associated with the center.