Part 5Civil partnership formed or dissolved abroad etc.
Chapter 2Overseas relationships treated as civil partnerships
216The same-sex requirement
1
Two people are not to be treated as having formed a civil partnership as a result of having registered an overseas relationship if, at the critical time, they were not of the same sex under United Kingdom law.
2
But if a full gender recognition certificate is issued under the 2004 Act to a person who has registered an overseas relationship which is within subsection (4), after the issue of the certificate the relationship is no longer prevented from being treated as a civil partnership on the ground that, at the critical time, the parties were not of the same sex.
3
However, subsection (2) does not apply to an overseas relationship which is within subsection (4) if either of the parties has formed a subsequent civil partnership or lawful marriage.
4
An overseas relationship is within this subsection if (and only if), at the time mentioned in section 215(2)—
a
one of the parties (“A”) was regarded under the relevant law as having changed gender (but was not regarded under United Kingdom law as having done so), and
b
the other party was (under United Kingdom law) of the gender to which A had changed under the relevant law.
5
In this section—
“the critical time” means the time determined in accordance with section 215(2) or (as the case may be) (3);
“the 2004 Act” means the Gender Recognition Act 2004 (c. 7);
“United Kingdom law” means any enactment or rule of law applying in England and Wales, Scotland and Northern Ireland.
6
Nothing in this section prevents the exercise of any enforceable Community right.