The Participation of the Public Prosecutor in Cases of Judicial Matter of Gender Change

Abstract

In Polish civil procedure, a prosecutor may request the initiation of proceedings in any case, as well as participate in any proceedings already underway, if, in his/her discretionary assessment, the protection of the rule of law, citizens’ rights or the public interest so requires. In non-property matters within the scope of family law, the prosecutor may file lawsuits only in cases specified in the act. This competence comes from the French model; it is deeply rooted in Polish legal tradition and is consistent with European standards. Prosecutors have reported their participation in proceedings for the judicial determination of gender as being for the purpose of protecting personal data, which has been assessed differently. A revision of the procedure for judicial gender change was brought by the resolution of the Supreme Court of 4 March 2025, which established that such changes will not take place, as before, by way of an action for determination, but in non-contentious proceedings for rectification of the civil st tus record. However, this does not affect the legitimacy of the prosecutor, because gender determination does not cause changes in family relations and therefore is not a family matter. De lege ferenda, it is necessary to postulate comprehensive statutory regulation of the judicial matter of gender change.