PolishForums LIVE  /  Archives [3]    
   
Archives - 2010-2019 / Law  % width 8

How to get a citizenship for child without consent of father


Ola22  
12 Mar 2017 /  #1
My child's dad's name is listed on his birth certificate but soon after birth, he left and cannot be contacted. We are in Australia and we want to move to Poland/Europe, how do I go about obtaining a citizenship for my child with no consent from the father? Do I need to go to court in Poland? How much would it cost? Thank you.
Looker  - | 1129  
12 Mar 2017 /  #2
So the kid was born in Australia and both parents are Poland's citizens? Just my guessing.
Looker  - | 1129  
12 Mar 2017 /  #3
Anyway, from what I read, the consent of a father is one of the requirements:

5. the declaration of the other parent to consent for granting the Polish citizenship to the child

My loose translation from this website:
mazowieckie.pl/pl/dla-klienta/cudzoziemcy/obywatelstwo/nadanie-obywatelstwa-p/14750,Jakie-dokumenty-musze-zlozyc.html
OP Ola22  
13 Mar 2017 /  #4
He is Australian. I understand that website says that, hence why I am asking if there is any way around it.
Archive Dweller  
13 Mar 2017 /  #5
I am certain that it is not correct. The present law is here:
obywatelstwo.eu/obywatelstwo2016.html
Only one parent needs to be Polish for the child to have citizenship by descent. It was never the law that an unmarried mother needed the father's consent for the child to receive the mother's citizenship.
OP Ola22  
13 Mar 2017 /  #6
Hey Archive Dweller, the link you posted is perfect. Thank you so much.
Nathans  
14 Mar 2017 /  #7
If only one parent consents, this may become invalid if the other one claims it was done without his/her consent (at least that what a good lawyer would achieve if needed).
Archive Dweller  
14 Mar 2017 /  #8
@Nathans: You are reading or misinterpreting the wrong paragraph. If a child has two legal parents, and only one is changing his/her citizenship, then the other can object to that change applying to the children and a court would decide that issue. It doesn't apply here since the mother is not changing her citizenship. A child born to a Polish citizen is a Polish citizen.

Archives - 2010-2019 / Law / How to get a citizenship for child without consent of fatherArchived