Transgendered people and civil partnership
For many years, transgendered people were denied the right to marry in their new gender as the Government refused to allow birth certificates to be altered. In a leading case involving Bindmans lawyers this was found to be a breach of the European Convention on Human Rights. To rectify the situation, a new Gender Recognition law now allows people to apply to a Gender Recognition Panel for a Gender Recognition Certificate which will allow that person to be recognised for all purposes as their acquired gender.
As civil partnership is only available to same sex couples, a transgendered person in a lesbian or gay relationship will need a certificate in order to register a civil partnership in their new gender. If someone who is already married applies for a Gender Recognition Certificate, they will be granted only an interim certificate until they obtain a divorce. However, if they want to maintain a legal relationship with their spouse they could form a civil partnership as a same sex couple once a Gender Recognition Certificate is obtained.
For further information, contact
Louise Coubrough or
Melanie Hay.
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