Żądanie zmiany oznaczenia płci w kontekście tożsamości człowieka i jego „ja genetycznego”

Abstract

The full Civil Chamber of the Polish Supreme Court has adopted a resolution indicating, among other things, that a request to change the gender designation on one’s birth certificate is subject to court review in non-contentious proceedings, applying, by analogy, Article 36 of the Act of 28 November 2014 – the Law on Civil Registry Records. Gender is not only an element of a person’s marital status, but also an important tool for describing and verifying a person’s identity (as data relating to a person). There are numerous legal provisions in the Polish legal system that confirm this. Although the existing legal framework does not directly refer to the concept of the geneticization of human identity, it indirectly highlights its individual dimension, focusing on the ‘genetic self’. In scholarly discussions, the concept of the ‘genetic self’ should be referenced and the relationship between this ‘self’ and a person’s identity, as well as the possibility of requesting a change of gender designation, should be explored. However, the Supreme Court’s solution cannot be simply negated (or even theoretically eliminated); rather, a different perspective on the issue can be attempted.