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Polish passport - Can I be forced to change my surname?

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Can I be forced to change my surname?

Poll ended at Tue Mar 05, 2013 10:20 pm

Yes
0
No votes
No
1
100%
 
Total votes: 1

Juni85
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Joined: Tue Feb 26, 2013 10:03 pm

Polish passport - Can I be forced to change my surname?

Post by Juni85 » Tue Feb 26, 2013 10:20 pm

When I was renewing my Polish passport I was forced to change my surname. I have Dual citizenship between Canada and Poland.
I am 27, My original Canadian and Polish birth certificate, previous passports (Canadian and Polish) and all my documents have always been in my mother's name. The only document containing my father's name is a gov issue pre-birth certificate dated a few months before my birth stating my parents intended to have a child together, but its includes no name for the future child.
Based on this document, when I went to renew my passport in 2010 the consulate asked me whether I wanted to change my name to that of my father as some people chose to do so when they came of age- for the sake of appearance. I refused - even though the woman was insistent, claiming it was shameful because it made me look illegitimate (I kid you not). I thought that was the end of it.

Upon receiving the official Polish translation of my Canadian birth certificate and the renewed Polish passport it turned out she had gone ahead and changed my surname without my permission.

As I am not married I cannot legally carry two passports of different surnames and I need consistent documents for my job between Canada and the EU. I've been told the only way to revert to my original name is to pay for a name change (for which I would have to travel to Poland) - a new passport and other legal documents.
Not to mention I have no desire to change my name at the age of 27.
I have been fighting this for two years now and am looking to begin legal action.
Strictly speaking, under EU law is this legal? Could it be classified under discrimination? I need help and advice

jerzy
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Location: Ireland

Post by jerzy » Wed Feb 27, 2013 12:59 pm

I wouldn't really involve EU law in it - I think it wouldn't cover this area as well as that would be a tough battle to take. And I wouldn't say that officialls' stupidity is a discrimination.

What they did is very strange and you can take either legal actions (Polish court) to revoke their change, or apply for a name change, which would be easier probably. It's been 2 years as you said, so I assume you tried the other ways to resolve it.

frei
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Location: Deutschland

Post by frei » Wed Feb 27, 2013 1:03 pm

I do not think this falls under discrimination act, but I do know nobody should change your name without your legal consent you should pursue the case with the consulate with the help of a polish lawyer.

Note that even if your case happens to fall within the scope of the EU anti discrimination law, it must first have been through the national court of Poland, you can make a request thereof for your case to be heard by an EU court if you are not satisfied with the decision.

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