Marriage (Same Sex Couples) Act 2013

Issue of full certificate after interim certificate: applicant married

4 After section 4 insert—

“Issue of full certificate after interim certificate: applicant married

4A Married person with interim certificate: issue of full certificate

(1) A Gender Recognition Panel must issue a full gender recognition certificate to a person in either of the following cases.

(2) Case A is where, on an application by the person, the Panel is satisfied that—

(a) an interim gender recognition certificate has been issued to the person;

(b) the person was a party to a protected marriage at the time when the interim gender recognition certificate was issued;

(c) the person is a party to a protected marriage; and

(d) the person’s spouse now consents to the marriage continuing after the issue of the full gender recognition certificate.

(3) Case B is where, on an application by the person, the Panel is satisfied that—

(a) an interim gender recognition certificate has been issued to the person;

(b) the person was a party to a civil partnership at the time when the interim gender recognition certificate was issued;

(c) a conversion application has been made within the period of six months beginning with the day on which that certificate was issued;

(d) the conversion application has resulted in the civil partnership being converted into a marriage;

(e) the person is a party to that marriage; and

(f) the person’s spouse consents to the marriage continuing after the issue of the full gender recognition certificate.

(4) If, on an application under subsection (2) or (3), the Panel is not satisfied as mentioned in that subsection, the Panel must reject the application.

(5) An application under subsection (2) must be made within the period of six months beginning with the day on which the interim gender recognition certificate is issued.

(6) An application under subsection (3) must be made within the period of six months beginning with the day on which the civil partnership is converted into a marriage.

(7) An application under subsection (2) or (3) must include a statutory declaration of consent made by the person’s spouse.

(8) An application under subsection (3) must also include—

(a) evidence of the date on which the conversion application was made, and

(b) evidence of the conversion of the civil partnership into a marriage.

(9) If an application is made under this section, the Gender Recognition Panel must give the applicant’s spouse—

(a) notice of the application; and

(b) if the Panel grants the application, notice of the issue of the full gender recognition certificate.

(10) In this section “conversion application” means an application for the conversion of a civil partnership into a marriage under regulations under section 9 of the Marriage (Same Sex Couples) Act 2013.

4B Application under section 4A: death of spouse

(1) In a case where an application is made under section 4A(2) or (3) and the applicant’s spouse dies before the application is determined—

(a) the application is to be treated as an application, made under section 5(2) in a case where a spouse has died, for a full gender recognition certificate to be issued; and

(b) that application is to be treated as having been made at the time when the application under section 4A was made.

(2) The Gender Recognition Panel determining the application must specify the period within which the applicant is to produce the required evidence in support of the new application.

(3) In this section—

• “new application” means the application under section 5(2) which the person is, by virtue of subsection (1), treated as having made;

• “required evidence” means the evidence required by section 5(4).

Issue of full certificate after interim certificate: applicant no longer married or civil partner”.