Uwagi dotyczące poselskiego projektu ustawy o uzgodnieniu płci na tle orzecznictwa Sądu Najwyższego oraz poglądów doktryny

The article provides detailed discussion of the problems of the legal significance of a person belonging to a particular sex, taking into account the state of the applicable law, as well as de lege ferenda postulates. The author examines the meaning of “sex” as a legal category, the relationship between this term and the criteria determining the sex of a human‑being and the rationality of the postulate of the recognition of so‑called gender identity – i.e. the sense of belonging to a different sex than the established in register office records and biological sex – as a basis for specifying the status of a human being in register office records. The article addresses the first draft law on gender confirmation, but also broadly discusses current Supreme Court’s case law concerning the procedures and conditions for changing the entries in register office records.