Part 1 Applications by Married Persons and Civil Partners

SCHEDULE 5 Change of Gender of Married Persons or Civil Partners

Section 12

Part 1 Applications by Married Persons and Civil Partners

Introduction

1

The Gender Recognition Act 2004 is amended in accordance with this Part of this Schedule.

Evidence

2

Section 3 (evidence): after subsection (6) insert—

“(6A)     If the applicant is married, an application under section 1(1) must include a statutory declaration as to whether the marriage is a marriage under the law of England and Wales, of Scotland, of Northern Ireland, or of a country or territory outside the United Kingdom.

(6B)     If the applicant is married, and the marriage is a protected marriage, an application under section 1(1) must also include—

(a)     a statutory declaration by the applicant's spouse that the spouse consents to the marriage continuing after the issue of a full gender recognition certificate (“a statutory declaration of consentâ€) (if the spouse has made such a declaration), or

(b)     a statutory declaration by the applicant that the applicant's spouse has not made a statutory declaration of consent (if that is the case).

(6C)     If an application includes a statutory declaration of consent by the applicant's spouse, the Gender Recognition

Powered by Lexis+®

Popular documents