Marriage and family in Polish law. Selected aspects

According to Article 18 of the Constitution of the Republic of Poland, marriage as a union of a woman and a man, family, motherhood, and parenthood are under the protection and care of the Republic of Poland. Motherhood signifies a special bond between a mother and her child, primarily arising from the biological conditions of a woman's body. It also encompasses the period of pregnancy, thus lasting both before and after the birth of the child. Parenthood, as a constitutional term, has been introduced into Article 18 primarily to ensure that the role of the father is not constitutionally overlooked. Parenthood therefore refers to both the mother and the father. It encompasses the autonomy of parents to make decisions regarding procreation and serves as the foundation for parental authority. The obligation to protect specified in Article 18 of the Constitution of the Republic of Poland primarily means that public authorities must take actions to prevent threats to marriage, family, motherhood, and parenthood. Pursuant to Article 23 of the Family and Guardianship Code, spouses have equal rights and responsibilities in marriage. They are obliged to common cohabitation, to provide mutual assistance and fidelity, and to cooperate for the benefit of the family they have established through their union. The content of Article 23 of the Family and Guardianship Code is a transposition of the provisions regarding the protection of marriage and family contained in the Constitution of the Republic of Poland, including Article 18. (...) Kancelaria Adwokacka Adwokat dr Piotr Sobański LL.M. Plac Pocztowy 6/4 Zielona Góra Polska piotr.sobanski@adwokatura.pl ORCiD: 0000-0001-8303-1125