Ukrainian civil status records: translation and transcription in Poland

Certificate, extract and supplementary document

Ukrainian civil-status documents may take the form of a certificate or an extract from a register. Their contents must be read according to the issuer and the scope of information. A birth document confirms different circumstances from a name-change or marriage document. When ordering, give the full name of the document held, its issue date and purpose of submission. This helps establish whether the authority expects that type of document and whether an additional copy is needed.

The set should be considered chronologically. A birth certificate, marriage document and later surname change may together identify the person. If the records contain a divorce annotation, establish which document formed its basis and what the recipient requires. The translation preserves the content and dates of each source. It is useful to send all documents held for an initial review, marking which are intended for translation and which merely explain the connection between details.

Official translation for the civil registry office

Art. 31 of the Civil Status Records Act lays down rules for presenting foreign documents with an official translation into Polish. The provision lists sworn translators entered on the Polish list, appropriately authorised translators from an EU or EEA country, and consuls. [1] Before ordering, check the requirements for the particular procedure, document type and any specific legal basis. Give the recipient the document’s full title and information about its issuer and form.

The translation covers details in the main fields, legible stamps, certifications and annotations. If a document has entries on its reverse, that side must also be supplied. For a copy or earlier translation, the basis and certification are described under art. 18 ust. 2 of the Act on the Profession of Sworn Translator. It is stated whether the document was prepared from an original, translation or copy, and whether the earlier translation or copy was certified and by whom. [2]

What transcription of a foreign civil status record means

Art. 104 ust. 1 provides for a foreign document evidencing an event and its registration to be transferred into the Polish civil-status register. Transcription means faithful and literal transfer of the contents in linguistic and formal terms. The Act also specifies requirements concerning the source document and the persons entitled to apply. [1] When contacting the civil registry office, distinguish presenting a foreign document with a translation from applying for its transcription into the Polish civil register.

The cases of mandatory transcription under art. 104 ust. 5 concern specified circumstances of a Polish citizen, including those involving a previously registered Polish civil-status record, identity document or PESEL number. This is not a general obligation for every Ukrainian civil-status document presented in Poland. When applying, obtain the civil registry office’s list of required attachments and establish which document will remain on file. After transcription, a Polish certified copy is issued as a further stage of the official procedure. [1]

First names, surnames and surname at birth

Art. 14 ust. 2 of the Act on the Profession of Sworn Translator defines the basis for spelling first names and surnames in translation. For a non-Latin alphabet, a travel document or its copy is taken into account or, if unavailable, the spelling rules of the document’s country of origin. [2] In practice, provide the relevant pages of the travel documents of the person concerned by the record. For parents' details, documents establishing their correct spelling may also be useful.

The Civil Status Records Act contains separate rules for registering details, including art. 29, and for faithful transfer of contents through transcription. Art. 104 ust. 7 provides a specific possibility of adapting spelling at the request of Polish citizens who have Polish civil-status records. [1] The civil registry office (USC) determines the scope of this provision. When translating a record, the birth surname and married surname are preserved in their respective fields rather than replacing all historical details with the person's current surname.

Divorce and other subsequent rulings

A document confirming dissolution of a marriage may be linked to a foreign ruling. Establish whether the document held is a court ruling, a register document or a certificate of a particular status. Art. 108 of the Civil Status Records Act provides for entering annotations based on foreign rulings subject to recognition and other specified decisions. [1] When providing material to the practice, identify the full list of documents required by the civil registry office, including any confirmations concerning a ruling.

The document’s issue date, the date it became final as stated in the source, and the date of an entry in a register may represent different events. All must be retained as recorded. If a separate certificate accompanies a ruling, its contents and connection to the ruling should be apparent in the set. Handwritten annotations must be legible in full. If a document requested by an authority is missing, it is better to establish whether it can be obtained before commissioning translations of incomplete material.

Seal, signature and exemption from legalisation

Art. 15 of the Polish–Ukrainian legal assistance agreement provides exemption from legalisation for documents meeting conditions concerning the competent authority, official seal and signature of an authorised person. It covers the scope defined in the agreement, so the particular document and its authentication are assessed. [3] For a civil-status document, check the issuer’s name, the presence of a signature and seal, and whether the copy presented is an original, an official certified copy or another form of material.

Exemption from legalisation does not itself determine the required translation format or the scope of attachments for civil-register transcription. These documents are checked separately under the applicable procedure. Official information from Poland's mission in Ukraine describes preparing a foreign birth certificate for transcription. [4] When using the list, adapt it to your own matter and the relevant USC. If a record contains additional authentication, send its full text to establish whether it also needs to be translated.

Names of places and institutions

A civil-status document may contain historical names of places, administrative units and offices. The translation reflects the information as of the document’s date and contents, while retaining identification of the issuer. A place-name change or office reorganisation may require an additional document if the recipient needs confirmation. Art. 30 of the Civil Status Records Act sets out rules for recording foreign place names in registration. [1] The institution named on a seal should not be equated with the later name of its successor.

Abbreviations, register designations and entry numbers must be read in the source context. They link the record to the specific registration of an event. Deborah Cao also discusses the specialist nature of legal translation. [5] When working with records, preserve the distinction between the document name, event and authority. If a seal identifies a different unit from the heading, both should be included. Any issuer's explanations are supplied as separate material, with their function clearly identified in the order.

The complete assignment set and checks before submission

For a quotation, send all pages, reverse sides and attached certifications, along with the civil registry office’s name, the purpose and the deadline. Indicate whether the original is available and how many translation copies are needed. Supporting material concerning surname spelling can be marked separately. If the office requests a particular type of copy or a more recent extract, take this into account before work starts, since translating an older copy does not include later register amendments.

Before submitting the set, personal details, record numbers and the scope of annexes are compared with the authority's requirements. Documents covering different stages of a surname change should be arranged by date. If a corrected copy was issued later, a new translation scope must be agreed. Additional copies of an earlier translation are ordered by identifying the document and register entry. A set prepared this way allows the authority to link the translation with the source presented and documents concerning the same event or person.

Questions and answers