The Legal Status of Children Born out of Wedlock in Polish Family Law in the First Years after WW II
Keywords:children born out of wedlock, family law, uniﬁcation of Polish civil law, consanguinity
Polish family law, as a part of civil law, has been uniﬁed in 1945–46. The old law, coming from the period of Polish partitions, has been replaced by the decrees, based on drafts prepared by the Codiﬁcation Committee before WW II. The decree Family Law from 1946 regulated the legal relations coming from consanguinity. One of the most important problems to be solved by the legislator was the status of children born out of wedlock. The article presents the drafts and the discussion about improving the legal status of this category of children. The decree ﬁnally improved their position, although it did not eliminate legal distinction of the two groups of children. The legal status of children born out of wedlock was a little worse than those coming from marriage, but the diﬀerence was not big. The decree gave an opportunity to provide the children with legitimacy in many cases. The diﬀerences in the legal status of children were ﬁnally eliminated in Poland in 1950, by enactment of the Family Code.