Consequences of issue of gender recognition certificate etc.

E111BF1Change in gender of civil partner

1

This section applies in relation to a protected civil partnership if (by virtue of section 4(2)(c) or 4A) a full gender recognition certificate is issued to a party to the partnership.

2

The continuity of the protected civil partnership is not affected by the relevant change in gender.

3

If the protected civil partnership is a protected overseas relationship—

a

the continuity of the civil partnership continues by virtue of subsection (2) notwithstanding any impediment under the relevant law;

b

the relevant law is not affected by the continuation of the civil partnership by virtue of subsection (2).

4

In this section—

  • “impediment” means anything which would affect the continuation of the overseas relationship merely by virtue of the relevant change in gender;

  • “relevant change in gender” means the change or changes in gender occurring by virtue of the issue of the full gender recognition certificate or certificates;

  • “relevant law”, in relation to the protected overseas relationship in question, has the same meaning as in Chapter 2 of Part 5 of the Civil Partnership Act 2004.

E211BCF2hange in gender of civil partner

1

This section applies in relation to a protected civil partnership if (by virtue of section 4(2)(c) or 4A) a full gender recognition certificate is issued to a party to the partnership.

2

The continuity of the protected civil partnership is not affected by the relevant change in gender.

F33

If the protected civil partnership is a protected overseas relationship—

a

the continuity of the civil partnership continues by virtue of subsection (2) notwithstanding any impediment under the relevant law;

b

the relevant law is not affected by the continuation of the civil partnership by virtue of subsection (2).

4

In this section—

  • impediment” means anything which would affect the continuation of the overseas relationship merely by virtue of the relevant change in gender,

  • relevant change in gender” means the change or changes in gender occurring by virtue of the issue of the full gender recognition certificate or certificates,

  • relevant law”, in relation to the protected overseas relationship in question, has the same meaning as in Chapter 2 of Part 5 of the Civil Partnership Act 2004.