Facebook Twitter Tumblr Ello Email info@uktrans.info

Links to documents:
Access this URL (http://www.legislation.gov.uk/uksi/2015/50/pdfs/uksi_20150050_en.pdf)Statutory Instrument (PDF Version)[Link to copy hosted by legislation.gov.uk]
Download this file (uksi_20150050_en.pdf)Statutory Instrument (PDF Version)[Archive copy hosted by UK Trans Info]
Access this URL (http://www.legislation.gov.uk/uksi/2015/50/contents/made)Statutory Instrument (Webpage Version)[Link to copy hosted by legislation.gov.uk]

Brief Summary

The Gender Recognition Register (Marriage and Civil Partnership) Regulations 2015 have now been published and will come into force on the 6th February 2015. These regulations concern the issuing of new marriage and civil partnership certificates after a GRC is obtained for those who entered into the marriage or civil partnership in England or Wales. It also affects those who entered into a marriage or civil partnership under English and Welsh law, but did so outside the UK such as at a British Consulate. UK Trans Info is one of the organisations that was consulted during the creation of this statutory instrument, and are pleased that some of our recommendations were used. The new regulations are not perfect, but this was a complex topic that did not have a perfect solution.

Overview by UK Trans Info

The new marriage and civil partnership certificates will be issued with the new name(s) and legal gender(s) of whoever obtained a GRC. Other gendered details will also be able to be changed, for example a job title of waitress could be changed to waiter. The old marriage or civil partnership certificate will still be available, and it should be noted that having a new marriage or civil partnership is optional and requires the consent of both spouses.

Couples who married before same legal sex couples were able to marry will be given a choice when only one of them obtains a GRC. The first option is for the new certificate can have the original date of the marriage. For civil partnerships that have been converted this option will be the date of the original marriage, not the date of conversion. The potential problem with this is that it would reveal that one of them has changed their legal sex. The second option is that they can choose a new date in the future, which will allow them to keep their anniversary day and month (or some other special day) but change the year so that the marriage certificate shows a date where same legal sex marriage was legal in England and Wales. For example if a couple married on 12th June 1960 and one of them obtained a GRC on 17th February 2015, the new marriage certificate could be dated 12th June 2015. If a new date is chosen then the new marriage certificate will not be issued until after that date has passed, but this won't delay the issuing of the GRC or new birth certificate. Also other details such as address and occupation will be updated to reflect the details as they were on the new date. If the original venue is no longer available for marriages then the venue also be changed. Finally if one or both of the witnesses would not have been able to witness a marriage on the new date (for instance if they had passed away) then new witnesses can be chosen, however the new witnesses must have been present at the original ceremony.

Unfortunately there are a two circumstances where details may be changed in a way that the couple doesn't want. Due to the various restrictions on the marriage of same legal sex couples and on the marriage of trans people, reissued marriage certificates cannot say that the marriage was solemnized according to religious rites or usages, or on religious premises. Also, couples who married abroad (such as in a British Consulate) cannot have details of that country on their new marriage certificates unless the new marriage could have legally taken place there on the date of the new marriage. In either these circumstances the new marriage will show that the wedding took place in the presence of a superintendent registrar in a nearby register office. This change will happen even if the original date is kept.

UK Trans Info is run by volunteers and relies on donations from supporters in order to function. If you feel able to donate then please use the button below to make your donation. You will be able to choose how much you would like to donate (any amount is greatly appreciated) and if you would like it to be a one-off or a monthly donation.

Other methods of donation are available here.