The child’s residence status

The residence status of the child depends on the status of the parent. Polish nationality is not conferred by default, even if the child was born in Poland.

The residence status of the parent	The residence status of a foreigner's minor child born in Poland	Documents required during the proceedings
resides in the territory of the Republic of Poland under a national visa	If the child was born during the validity period of a national visa or of a temporary residence permit, a temporary residence permit may be applied for (under Article 160 pt. 2 of the Act on Foreigners) and granted for a period up to the expiration date of the national visa or of the temporary residence permit awarded to the statutory representative of the child..	application current photograph birth certificate travel document health insurance within the meaning of the Act of 27 August 2004 on healthcare services financed from public fund or confirmation of coverage of costs of treatment in the territory of the Republic of Poland by the insurer source of reliable and regular income, sufficient to cover the costs of living for oneself and for dependent family members confirmation of a place of residence in the territory of the Republic of Poland.
resides in the territory of the Republic of Poland under a temporary residence permit.
resides in the territory of the Republic of Poland under a permanent residence permit.	If the child was born after the foreigner obtained a permanent residence permit or a residence permit for a long-term EU resident, then a permanent residence permit may be applied for (under Article 195 sec. 1 pt. 1 subs. a). If the child was born during the validity period of a temporary residence permit granted to the foreigner before obtained a permanent residence permit or a residence permit for a long-term EU resident, then a permanent residence permit may also be applied for (under Article 195 sec. 1 pt. 1 subs. b).	application current photograph birth certificate travel document Documents required to confirm the data included in the application and the circumstances justifying granting a permanent residence permit.
resides in the territory of the Republic of Poland under a residence permit for a long-term EU resident
Polish nationality	Polish nationality	By virtue of law
residence without documents	residence without documents	application current photograph birth certificate travel document confirmation of a place of residence in the territory of the Republic of Poland.

Note! In case of children born in the territory of the Republic of Poland, whose parents reside in the country without the relevant residence documents, it is advisable to apply for a residence permit under Article 181. sec. 1 pt. 2 of the Act of 12 December 2013 on foreigners.

If the parent is a holder of a Card of the Pole (Karta Polaka), they may apply for such document for their child as well.

When is it possible to apply for Polish nationality for the child?

Polish nationality is awarded in accordance with the ius sanguinis principle, i.a. the fact that the child was born in Poland does not automatically entitle him or her to Polish nationality. The decisive factor is the residence status and the nationality of the parents.

Acquisition of Polish citizenship

In accordance with Article 14 of the Act on citizenship, the child acquires Polish nationality at birth if:

at least one of the parents is the citizen of Poland;
he or she was born in the territory of the Republic of Poland and the parents are unknown, have no citizenship or their citizenship has not been established.

Granting Polish citizenship to the parents or acknowledging them as Polish citizens affects the citizenship of the child under their parental custody. If the change applies to one of the parents, it affects the child’s nationality if the other parent submitted a declaration of consent to the acquisition of Polish citizenship by the child or if the other parent was deprived of parental authority. If the minor in question is over 16 years of age, his or her official written consent is required in order to initiate the procedure.

The acquisition of Polish citizenship by the child may also follow from a change in establishing the person or the citizenship of one or both parents, if it occurred within a year of the child’s birth. Changes in paternity following from denial or revocation of paternity may affect the citizenship until the child comes of age. If the child is over 16 years of age, such changes require his or her consent.

A foreign child acquires Polish citizenship if he or she is adopted by citizen(s) of the Republic of Poland, and is under 16 years of age. In such case, it is assumed that the minor foreigner acquired Polish citizenship as of the day of birth.

The abovementioned declarations in cases related to the acquisition of Polish citizenship are accepted by the Voivod competent with regard to the place of residence and by the consul, in case of persons living abroad, residing in Poland under a visa or within the framework of a visa-free regime.

Minor foreigners are granted Polish citizenship at the request of their statutory representatives.

Application for granting Polish citizenship may be filed through a voivod or a consul, in person or by letter with authenticated signature. The voivod, the consul and the minister competent for internal affairs transfer the application for granting Polish citizenship directly to the President of the Republic of Poland.

The following documents need to be enclosed with the application for granting citizenship:

photograph of the child,
birth certificate of the child,
document confirming the identity and the citizenship of the child,
document confirming that one of the parents is a Polish citizen,
consent of the foreigner’s parent to granting Polish citizenship to the child.

If the application is filed on behalf of a minor over 16 years of age, the declaration of his or her consent to being granted Polish citizenship must be enclosed with it. The application must also include the name, surname and residence address of the child or legal guardian.

Registration and Personal Identification Number (PESEL)

When a newborn without Polish citizenship has a passport and a document confirming his or her right in the territory of the Republic of Poland, registration should be obtained.

Applications for registration are filed in the Civic Affairs Department competent for the parents' place of residence. The principles of registration are specified in the subchapter Apartments and Real Property -Registration Obligation.

The PESEL number is applied for ex officio by the Registrar General drawing up the birth certificate in case of children born in the territory of the Republic of Poland to foreigners residing in the territory of the Republic of Poland, under:

a permanent residence right acquired by a citizen of an European Union Member State, a citizen of an EFTA Member State – a party to the agreement on the European Economic Area and a citizen of the Swiss Confederation,
a permanent residence right acquired by a family member of a citizen of an European Union Member State, a citizen of an EFTA Member State – a party to the agreement on the European Economic Area and a citizen of the Swiss Confederation,
a permanent residence permit,
a residence permit for a long-term European Union resident,
refugee status,
subsidiary protection,
asylum,
permit for tolerated stay,
temporary protection,
authorisation to stay for humanitarian reasons.

In case of children of other foreigners, applications for PESEL number are filed on the formular in the Citizen Services Division of the Office of the Śródmieście District of the capital city of Warsaw. Application for PESEL number should be transferred by default from the Citizen Services Division in which the registration application was filed to the Minister of the Interior. However, it is advisable to personally make sure that the document will be transferred. The duration of the PESEL award procedure should not exceed one month.

PESEL is the Polish population register. An individual number is awarded to all citizens and to certain foreigners domiciled in the territory of the Republic of Poland. PESEL number will be required, among others, in contacts with healthcare institutions, schools and public administration entities.