Ukrainian Online Marriages and their Recognition in Poland
This post was prepared together with Sofiya Kernychna PhD (Jagiellonian University).
This post aims at presenting introduction of online marriage in Ukraine and the attitude towards its recognition in neighboring Poland.
Digitalisation of Public Services in Ukraine
In 2019 the Minister of Digital Transformation of Ukraine introduced a resolution creating a web portal, a state mobile application and the brand ‘State in a smartphone’ – Diia (acronym for ‘State and I’ in Ukrainian). Later, the Cabinet of Ministers of Ukraine approved the resolution titled Matters of the Unified State Web Portal of Electronic Services and the Unified State Portal of Administrative Services, which regulated the operation of the Diia Portal. At first Diia Portal provided access to a digital driver’s licence and vehicle registration. In 2024, the number of users was over 21 million Ukrainians.
Digitalisation of Some Aspects of Marriage Conclusion in Ukraine
The 2022 aggression of Ukraine by the Russian Federation, and the martial law that was introduced in Ukraine as a result of it, also affected family relations in Ukraine, including the procedure for conclusion of marriage and its state registration. Due to the full-scale invasion, many men and women joined the Armed Forces of Ukraine and began to take part in military operations.
On 7 March 2022, the Government of Ukraine has adopted resolution titled Some Matters of State Registration of Marriage under Martial Law, which provided for a separate procedure for military personnel and certain other persons to conclude a marriage during martial law. In particular, state registration of marriage if one of the fiancés is, for example, a member of the Armed Forces, the Security Service, a police officer or an employee of a healthcare institution, could be conducted by the departments of the state civil registration office without the personal presence of such fiancé. In such a case, the application, which was at the same time a confirmation of the fact of consent to conclude a marriage, was submitted to the commander (supervisor) of this fiancé, who certified the authenticity of the signature and ensured that the application was forwarded to the registry office. The peculiarity of this procedure was that it was possible to register a marriage outside the civil registry office, in which case the marriage certificate was drawn up by the commander. On 30 October 2024 the above resolution was repealed due to introduction of online marriage conclusion and registration.
In the context of martial law, as part of digitalisation in Ukraine, another innovation has emerged. Since 27 February 2023, it has become possible for all Ukrainians to apply for marriage via the Diia Portal. The procedure took 10 minutes. It was possible only to submit an e-application for marriage registration. The marriage itself could not yet be concluded and registered in Diia Portal. Marriage registration, as well as the issuance of a marriage certificate, took place only at the civil registry office.
Introduction of an Online Marriage in Ukraine
On 29 March 2024, the Government of Ukraine adopted the resolution Procedure for the Implementation of a Pilot Project for the State Registration of Marriages in Electronic Form. It provides that ‘the process of remote marriage through the Diia application has several stages, including: submission of an application by a man and a woman using the Diia application with an electronic signature; the process of verifying the accuracy of the data provided by the future spouses, with the possibility of correcting inaccuracies and errors; the possibility of setting the date of registration of the marriage; the process of registering a marriage with a certificate of marriage; and the process of obtaining a marriage certificate’.
In June 2024, Ukraine launched the online marriage registration service through the Diia application, opening a new era in the field of state civil registration. This historic step is aimed at maximising digitalisation and simplifying procedures for couples wishing to register their marriage. The Central Department of the Ministry of Justice of Ukraine has launched the Digital Office of the Civil Registry Office, which processes marriage applications through the Diia Portal. This innovative solution is especially relevant for couples who, due to circumstances, cannot be together, as well as for those who value minimal contact with government agencies. On 22 June 2024, first 3 couples contracted and registered their marriage online in Ukraine.
The entire process of marriage registration takes place in the Diia – from application to conclusion of the marriage. The application process takes about 10 minutes. The service is provided in one business day. The maximum cost is 1.663,85 UAH (approximately 35 EUR), depending on the selected services and the day of marriage registration. Sometime after the online ceremony, the electronic marriage record is displayed in the Diia application. Later, the Civil Registry Office ensures the delivery and handing over of the marriage certificate to the newly married husband and wife through the Ukrainian Post Office service. Online marriages not only simplify the lives of Ukrainians in the current martial law situation by enabling remote marriage through the Diia application, but also provide convenience, time savings, transparency and, most importantly, guarantee security, especially in the context of military operations.
Transcription of Foreign Marriage Certificates in Poland
Being aware of the innovations in Ukraine, Polish Ministry of Internal Affairs issued an official letter of 15 May 2025 addressed to Polish authorities concerning the potential recognition of marriages contracted online by Ukrainian citizens, which would happen in Poland via transcription of the marriage certificate into Polish Civil Status Registry. In case a Ukrainian citizen lives in Poland and needs a Polish civil status certificate for the legal use in Poland (for example in order to obtain PESEL – Polish Personal Identification Number used in numerous administrative and civil procedures), this person might want to have a Ukrainian marriage certificate transcribed. One might have doubts whether an ‘online’ marriage certificate can be transcribed in Poland if online form of contracting marriage is unknown to Polish legal system.
The Ministry of Internal Affairs informs that if a foreign law provides for the possibility to celebrate a marriage remotely (online) and an appropriate certificate was issued by a competent authority, in accordance with the local law, then transcription might be possible in accordance with the provisions of the Law on Civil Status Records. If a foreign certificate in question does not indicate that the marriage was celebrated at a distance, this aspect should not be further examined. If the document reveals that the marriage was concluded “electronically”, the discretion of the civil status registrar is still limited to the examination allowed by the Law on Civil Status Records. Potential refusal of transcription may take place on the basis of the grounds exclusively enumerated in Article 107, which include, in addition to the formal requirements relating to the foreign document itself, a public policy clause.
Marriage Certificate and Public Policy Clause
In order to assess whether the transcription might be perceived as contrary to public policy, the Ministry of Internal Affairs consulted the Department of International Cooperation and Human Rights within the Ministry of Justice. In its Opinion, the Ministry of Justice reminded that the use of public policy clause against transcription of foreign civil status certificates was lately subject to voluminous case law of administrative courts (which together with Civil Status Registrars) were faced with marriage certificates of same-sex couples or birth certificates indicating persons of same-sex as parents (aspects reported also on this blog in: Legal Status of a Child Born Through Surrogacy – Latest From Poland or AG De La Tour’s Opinion in Wojewoda Mazowiecki on Poland’s Refusal to Transcribe a Same-Sex Marriage Certificate).
Then, the question is posed whether contracting marriage by the future spouses using modern distance communication technologies constitutes a violation of any fundamental principle of the Polish legal order or whether it should rather be considered ‘another manifestation of the rapid e-development of social relations, falling within the standards of the rule of law’.
The Opinion rightly indicates that family law in Poland foresees that sometimes a declaration of a future spouse can be made by a representative, and therefore, without the simultaneous physical presence of both future spouses in the same place. Hence, the legal system recognizes that various practical difficulties may prevent future spouses from physically appearing at the same time in the same place. It is also pointed out in the Opinion that at the time these provisions were drafted, the technical possibilities of digital communication were simply unknown.
Then, it is reminded that the introduction of online marriage is ‘undoubtedly a sign of the times’. Also, the state of Polish law fully confirms such conclusion. The COVID pandemic has contributed to the rapid development of the digital society in Poland. Trends in national and international law indicate a move towards e-justice (for example, online court hearings, while the adjudicating panel, participants and witnesses are physically located in different places become reality). Even though in Poland there are no online marriages, the Ministry of Justice ‘does not see any arguments’ in favor if refusing transcription of contemplated Ukrainian marriage certificates based on public policy clause.
It is worth to mention that the Ministry of Justice supported its standpoint by reference to views presented by legal scholars (citing Ewa Kamarad, Zastosowanie klauzuli porządku publicznego w sprawach dotyczących zawarcia małżeństwa – wybrane zagadnienia, 2012 Problemy Współczesnego Prawa Międzynarodowego, Europejskiego i Porównawczego 10, pp. 106-118 and Michał Wojewoda, Zagraniczne rodzicielstwo osób jednej płci a rejestracja stanu cywilnego w Polsce, 2020 Europejski Przegląd Sądowy 8, pp. 30-38 – not available in open access).
Even thought, as the Ministry of Justice emphasized, the Opinion is not binding on Civil Status Registrars or administrative courts, it is a very welcomed voice and might have impact on the approach towards potential transcription of marriage certificates originating also from other jurisdictions (see the post on Utah’s online marriage and its reception in Germany: Match in Virtual Heaven? No, Says German Supreme Court).