Commentary on Sections and Schedules Part 2 – Other provisions relating to marriage and civil partnership Section 12 – Change of gender of married persons or civil partners
63.Section 12 brings into effect Schedule 5 (Change of gender of married persons or civil partners). Part 1 of Schedule 5 amends the Gender Recognition Act 2004 to enable couples in “protected marriages” to remain married following one or both parties obtaining gender recognition, if both parties to the marriage wish the marriage to continue. Part 2 of Schedule 5 amends the Gender Recognition Act 2004 to enable applicants who were or who are currently in protected marriages and who started living in their acquired gender a long time ago to apply for gender recognition under a modified medical evidence procedure.