Gender Recognition Act 2015

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PART 3

Gender Recognition Certificate

Effect of gender recognition certificate generally

18. (1) Where a gender recognition certificate is issued to a person the person’s gender shall from the date of that issue become for all purposes the preferred gender so that if the preferred gender is the male gender the person’s sex becomes that of a man, and if it is the female gender the person’s sex becomes that of a woman.

(2) The date of issue of a gender recognition certificate shall be—

(a) the date on which the Minister decides to issue the certificate under section 8 (3)(a), or

(b) the date of an order of the court under section 17 (2)(a).

(3) A person issued with a gender recognition certificate may only—

(a) marry a person of the opposite gender to the preferred gender and reference in section 2(2)(e) of the Act of 2004 to “same sex” includes a reference to the same sex as the preferred gender,

(b) be a party to a civil partnership registration with a person of the same gender as the preferred gender and reference in section 2(2A)(e) of the Act of 2004, to “not of the same sex” includes a reference to not of the same sex as the preferred gender.

(4) The person to whom the gender recognition certificate is issued shall not be required to produce it as proof of gender or identity for any purpose save as required by law.

(5) The person to whom the gender recognition certificate is issued may produce it to provide proof of gender or identity, if he or she so chooses.

(6) The issue of a gender recognition certificate shall not affect the rights or liabilities of a person or consequences of an action by the person in their original gender prior to the date of issue of the certificate.

(7) This section shall operate subject to the provisions of this Act.

(8) In this section “civil partnership registration” has the same meaning as in section 2 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 .