Schedule 2: Change of gender of married persons or civil partners Overview
244.This schedule makes changes to the Gender Recognition Act 2004 (“the Gender Recognition Act”).
245.The Gender Recognition Act enables people to change their legal gender by applying for a gender recognition certificate under section 1 of that Act. The Gender Recognition Act extends across the UK but relates largely to devolved matters. The Gender Recognition Panel (“the Panel”) deals with applications for a gender recognition certificate and operates across the UK. Schedule 5 to the UK Marriage (Same Sex Couples) Act 2013 makes similar provision to this schedule in respect of people who married in England and Wales or overseas or entered into a civil partnership in England and Wales.
246.The issue of a full gender recognition certificate enables recipients to be recognised in law for all purposes in their new gender (“the acquired gender”). Under the Gender Recognition Act as enacted, people who are married or in a civil partnership must end their marriage or civil partnership before a full gender recognition certificate can be issued. This is achieved by the Panel issuing an interim gender recognition certificate to married applicants and applicants in civil partnerships. The issue of an interim gender recognition certificate is, in Scotland, a ground for divorce or dissolution of a civil partnership. Once a marriage or civil partnership has been ended the court can issue a full gender recognition certificate.
247.This schedule amends the Gender Recognition Act to enable a marriage solemnised in Scotland (a “protected Scottish marriage”, defined by amendments made in paragraph 2 of the schedule) to continue where one or both parties change their gender and both parties wish to remain married. It also amends that Act to enable a civil partnership registered in Scotland (“protected Scottish civil partnership”, defined by amendments made in paragraph 2) to continue where both parties change their gender simultaneously and wish to remain in their civil partnership.