u/Elma2020

Hey everyone,
I’m currently digging into a pretty tricky Polish citizenship confirmation case (potwierdzenie posiadania obywatelstwa) through my paternal line, and I could really use some expert opinions from people who’ve dealt with similar situations. The whole thing is a wild mix of old Weimar/Nazi administrative files, questionable diplomatic notes, and a massive loophole in Polish family law.

Before I sign a retainer with a Polish law firm in the next few days, I wanted to check whether anyone here has ever managed to push through a case like this.

Here’s the timeline:

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The Paternal Line

Great‑grandfather (Stanisław) — born 1887 in Poznań

• In January 1922, he formally opted for Polish citizenship at the Polish consulate in Essen (Versailles Treaty / 1920 Citizenship Act). Registration no. 2746.
• Between 1925–1929, the family actually moved back to Poland and lived in Bydgoszcz.

Now the weird part:
There’s a diplomatic note from 1927 claiming that the consulate in Essen supposedly tried to revoke his option unilaterally.

My ace up the sleeve:
The German authorities (Regierungsbezirk Düsseldorf) completely ignored this supposed revocation. In German administrative files from 1931–1933, he is consistently treated as a Polish citizen (i.e., a foreigner).
He wasn’t naturalized in Germany until February 1936 — and specifically as a foreigner.
This basically proves he held Polish citizenship until February 1936.

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Grandfather (Ryszard) — born 1911 in Poznań

• Became Polish automatically as a minor through his father’s option.

My father was born in April 1932, when Ryszard was already 21 — legally an adult at that time.
So when Stanisław became German in 1936, Article 13 of the 1920 Act (loss of citizenship extending to minors under 18) didn’t apply.
Ryszard stayed Polish.

I also have negative certificates from WASt/Wehrmacht:

• He never voluntarily joined the Wehrmacht
• Never held public office in Germany
• Never appeared on the Deutsche Volksliste (DVL)

So loss under Art. 11 is completely off the table.

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Father (Wiesław) — born April 1932

Born in wedlock to a Polish father → automatically Polish by jus sanguinis.

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Me (Mateusz) — born 1961

And here’s where things get complicated: I was born out of wedlock.

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The Legal Core: The 1950 Family Code “Bridge”

Normally, kids born out of wedlock to Polish fathers run into a brick wall at the NSA because of Article 7(1) of the 1962 Citizenship Act.
The court is extremely strict:
The father must acknowledge the child within one year of birth, otherwise citizenship doesn’t pass down.

In my case, paternity was established much later — through German court rulings in 1971/1972, retroactively ex tunc.

But our strategy bypasses the one‑year rule entirely by using a different legal mechanism: legitimation through the parents’ later marriage (legitimatio per subsequens matrimonium).

1. My biological parents married in Germany in 1963.
2. At that time, the 1950 Polish Family Code was in force.
3. Article 71 clearly states: if parents of a child born out of wedlock later marry, the child automatically becomes legitimate.
4. This matched German law at the time (§ 1719 BGB old version).
5. The logic:
6. Since the 1963 marriage made me a legitimate child, the strict one‑year deadline for out‑of‑wedlock children under the 1962 Act shouldn’t apply at all.
7. As a legitimate child, I should inherit citizenship normally under Articles 4 and 6 of the 1962 Act.

Current Status & My Questions

I’ve collected almost all vital records. The State Archive in Poznań was absolutely fantastic. I’m just waiting for the last files from a German municipal archive before handing everything over to the lawyer.

Now to the community:

1️⃣ Has anyone here ever managed to break through the NSA’s strict stance on out‑of‑wedlock children by arguing legitimation through subsequent marriage (Article 71 of the 1950 Family Code)?

2️⃣ How likely is it that Polish authorities will give more weight to the Weimar/Nazi administrative files (which consistently treat my great‑grandfather as Polish) than to that strange 1927 “revocation” note from the Polish side?

I used the KI and AI to help to describe my situation better. I have much much documents collected and Mac genealogy science 20 years.

Hey guys,
I’m currently looking into a pretty tricky Polish citizenship confirmation case (potwierdzenie posiadania obywatelstwa) through my paternal line and could really use some second opinions from the experts here. It’s a wild mix of old Weimar/Nazi administrative files, dubious diplomatic notes, and an absolute loophole in Polish family law.
Since this case is pretty unprecedented, I wanted to see if anyone has successfully pushed something similar through before I sign the retainer with a Polish law firm in the next few days.
Here is the chronological breakdown:

The Paternal Chain
Great-Grandfather (Stanisław) – born 1887 in Poznań
In January 1922, he formally opted for Polish citizenship at the Polish consulate in Essen, Germany (Option under the Treaty of Versailles / 1920 Polish Citizenship Act). The registration number was 2746.
Between 1925 and 1929, the family actually moved back and lived in Poland (Bydgoszcz).

Now here is the catch: There is a diplomatic note from 1927 stating that the consulate in Essen supposedly tried to unilaterally revoke his option.
My Joker: The German authorities (Regierungsbezirk Düsseldorf) completely ignored this revocation. In the German administrative files from 1931–1933, he is consistently treated as a Polish citizen (hence a foreigner). It wasn't until February 1936 that he was naturalized in Germany—and specifically as a foreigner. This proves he held Polish citizenship until February 1936.

Grandfather (Ryszard) – born 1911 in Poznań
Became a Polish citizen as a minor through his father’s option.

In April 1932, his son (my father) was born. Ryszard was 21 years old at the time, making him an adult under the law back then.
When his father (Stanisław) acquired German citizenship in 1936, Ryszard was already an adult. Therefore, Article 13 of the 1920 Polish Act (which extended the father's loss of citizenship to minors under 18) did not apply to him. He remained Polish.
I also have negative certificates from the WASt/Wehrmacht: He never voluntarily joined the Wehrmacht, never held public office in Germany, and was never on the Deutsche Volksliste (DVL). Loss under Art. 11 is completely off the table.

Father (Wiesław) – born April 1932
Born in wedlock to Ryszard, thus automatically acquiring Polish citizenship by blood (jus sanguinis).
Me (Mateusz) – born 1961
This is where it gets really complicated because I was born out of wedlock.

The Legal Core: The 1950 Family Code Bridge
Normally, children born out of wedlock to Polish fathers often fail before the Polish courts (NSA) due to Article 7 Paragraph 1 of the 1962 Citizenship Act. The court rules strictly: The father must officially acknowledge the child within one year of birth, otherwise citizenship is not passed down. In my case, paternity was legally established much later (via German court rulings in 1971/1972, retroactively ex tunc to birth).

Our strategy, however, bypasses this one-year limit entirely by utilizing a different legal mechanism: Legitimation through subsequent marriage (Legitimatio per subsequens matrimonium).
1 My biological parents married in Germany in 1963.
2 At the time of the wedding, the 1950 Polish Family Code was active. And Article 71 stated crystal clear: If the parents of a child born out of wedlock subsequently marry, the child automatically gains the legal status of a legitimate child.

3 This aligns perfectly with German law at the time (§ 1719 BGB, old version).
4 The Logic: Since the 1963 marriage legally turned me into a child born in wedlock, the strict deadline for out-of-wedlock children from the 1962 Act shouldn't even apply to me. As a legitimate child, I inherited citizenship normally via Articles 4 and 6 of the 1962 Act from my father.
Current Status & My Questions for You
I have sourced almost all vital records. The State Archive in Poznań was an absolute dream to work with and did an amazing job. I’m currently just waiting on the very last files from a German municipal archive before handing the complete package over to the lawyer.

Has anyone here ever successfully cracked the strict stance of the NSA regarding out-of-wedlock children by arguing through subsequent /legitimation (Article 71 of the 1950 Family Code)?

How do you rate the chances that the Polish authorities will weigh the Weimar/NS administrative files (which treat my great-grandfather as Polish) higher than that weird Polish revocation note from 1927?

Thank You ❤️