Transgender legislation

Question 1

Only couples of the same gender can become civil partners

Answer 1

CPA 2004 s3(1)(a)

Question 2

Prohibited relationships

Answer 2

CPA 2004, schedule 1 part 1/2

Question 3

Civil partnerships only need to know of the relevant defect in requirements

Answer 3

CPA 2004 s49(b)

Question 4

Applications for gender recognition certificate

GRA 2004

Answer 4

Section 1 + (section 2)

An applicant must be:

1) At least 18 years of age (Section 1)
2) “living in the other gender” (s.1(1)(a)), and who

1) “has or has had gender dysphoria” s.2(1)(a) (person inside the body doesn’t reflect the external gender)
2) “has lived in the acquired gender throughout the period of two years ending with the date on which the application is made” and this two-year period comes from wanting gender reassignment surgery for two years. S(2)(1)(b)
3) “intends to continue to live in the acquired gender until death” (s.2(1)(c)). It is a one off change, if you are unsure you shouldn’t get the certificate.

Question 5

If you have satisfied application requirements under section 1 + 2 you then have to…

Answer 5

Look at section 3 (giving evidence)
S3(1) - requires medial report from a field of gender dysphoria and another from another doctor.

s.3(2) -If the applicant has gone, is undergoing, or will undergo gender reassignment treatment at least one of the reports, not necessarily that made by the gender dysphoria expert, must also include details of the treatments in question

Question 6

s.12 GRA 2004

Answer 6

The status of an applicant, as the parent of a child, is not changed by the grant of a Gender Recognition Certificate in an acquired gender

Question 7

Sch. 5, para. 14

Answer 7

the definition of protected marriages is here

Question 8

s. 4 GRA.

Answer 8

Now, if party to a ‘protected marriage’ (which is defined in Sch. 5, para. 14 as any marriage in or recognised by the law of England and Wales, or of some other country) seeks a GRC, he or she must get spousal consent to change gender. If there is spousal consent, a full GRC can be issued (s. 4(2)(b)),

Question 9

What happens if a spouse consents to gender change?

Answer 9

(s. 4(2)(b) - A full GRC can be made.

but if there is not consent only an interim GRC can be issued (s. 4(3)(a)).

Question 10

What happens if a spouse does not consent to gender change?

Answer 10

only an interim GRC can be issued (s. 4(3)(a)).

Question 11

Can a parter change her mind about consenting to gender change?

Answer 11

Subsequent spousal consent (within six months) allows a full GRC to be issued: s. 4A(2).

Question 12

Is the status of marriage affected by full GRC?

Answer 12

The status of the marriage is not affected by the issuance of the full GRC: s. 11A(2).

Question 13

S5B CPA 2004

Answer 13

Hence, as it now says in s. 5B, a civil partner can only get a full GRC if the other partner also gets one, and both must get their GRC on the same day.

Question 14

s. 11B CPA 2004

Answer 14

If both parties get GRC, the civil partnership will continue validly in existence

Question 15

What happens if CP does not apply or has been rejected?

Answer 15

If the other partner has not so applied, or has applied and been rejected by the GR Panel, only an interim GRC can be issued: s. 4(3)(c)(d).

Question 16

Does the GRC apply the same rules to civil partnerships?

Answer 16

English and Welsh civil partnerships are ‘protected’ by virtue of sch. 5 para. 14, but here a civil partner can only get a full GRC if his or her partner has also applied for a GRC: s. 4(2)(c), on the basis that a civil partnership can only comprise two people of the same sex.

Question 17

What happens if a CP converts their CP into a marriage?

Answer 17

If civil partners convert their partnership into a marriage within six months of receiving their GRC(s), they are treated as married and the above situation applied (s. 4A(3)).

Question 18

Section 12A MCA 1973

Answer 18

deals with the grounds on which a marriage converted from a civil partnership is void or voidable.

Question 19

Section 13 MCA 1973

Answer 19

Bars to relief where marriage is voidable.

You will not get a decree of nullity from section 12, if you have in some way accepted it.

Question 20

Section 13(2) MCA 1973

Answer 20

apart from two consummation grounds, there is a three year time limit with the exception of G from the date of the marriage.

Question 21

Section 13(2A) MCA 1973

Answer 21

The could shall not grant a decree of nullity mentioned in subsection (g) unless the proceedings were instituted within the 6 month period of the interim GRC

Question 22

Section 13(3) MCA 1973

Answer 22

The court shall not grant a decree of nullity of subsections (e),(f),(h), unless it is satisfied that the petitioner at the time of marriage was ignorant of the facts.

Question 23

Section 13(4) MCA 1973

Answer 23

Can grant leave after 3 years if:

1) he is satisfied that petitioner suffered from a mental disorder

Question 24

Civil Partnership eligibility

Answer 24

Section 3 CPA 2004

Question 25

Civil partnrship void requirements

Answer 25

Section 49

CPA 2004

Question 26

Civil partnerhip voidable requirements

Answer 26

Section 50 CPA 2004

Question 27

Can consummation be a factor for voidable marriages

Answer 27

No, compared to section 12 there is no consummation/refusal requirement.

Question 28

Bars to decree of nullity

Answer 28

Section 51 CPA 2002, this is the same as section 13 of the 1973 Act.

Question 29

If a full GRC is granted a special procedure allows them to continue their legal relationship by converting a CP into a marriage not subject to the usual waiting periods under which section?

Answer 29

s39A MA 1949