Adoption of a child by homosexuals in light of the best interests of the child principle in accordance with its understanding in Polish family law – subjective interpretation of the author

RESEARCH OBJECTIVE: The purpose of this article is to present arguments against the possibility of adoption of a child by a homosexual person in the light of Polish family law. THE RESEARCH PROBLEM AND METHODS: Since the Polish legislature does not explicitly accept or prohibit the adoption of a child by a homosexual person, the question of the possibility of adoption of a child by such a person is raised in the light of the principles of family law in force in Poland. There has been applied the method of critical and comparative analysis as well as the analysis of the reference literature, rulings of the Polish Supreme Court and Polish reference legislation. THE PROCESS OF ARGUMENTATION: After having initially defined the aim of the study, the author indicates the function and purpose of the adoption and its premises. Two basic premises of adoption are explained in detail - the premise of the best interests of the child and the appropriate personal qualifications of the adopter. The essential part of the argumentation is to find the answer to the question on whether adoption of a child by a homosexual person in the light of Polish family law is possible or not. RESEARCH RESULTS: The result of this research is the statement of impossibility of adoption of a child by homosexuals in the light of Polish family law. CONCLUSIONS, INNOVATIONS AND RECOMMENDATIONS: The analysis confirmed the dominant view in Polish doctrine according to which adoption of a child by homosexuals appears to be in contradiction of the principle of the best interests of the child.