§ Mr. WoodwardTo ask the Parliamentary Secretary, Department for Constitutional Affairs what assessment he has made of(a) the impact on a marriage where one person is granted a full gender recognition certificate, (b) the effect on children in a marriage where one person is granted a FGRC and (c) the financial effects of one partner in a marriage being granted a FGRC. [138168]
§ Mr. LammyThis Government are committed to understanding and recognising the needs and aspirations of transsexual people. We recognise that transsexual people face many challenges not least the 1159W impact on their family should they decide to seek legal recognition in an acquired gender. The purpose of the draft Bill is specifically to give transsexual people legal recognition in their acquired gender, and with that legal recognition transsexual people will be expected to conform with gender specific arrangements that would apply to anyone sharing their legal gender.
(a) The issue of what to do with existing marriages is a complex one. The Government's policy is clear on existing marriages that involve a transsexual person. It is a policy founded on the fact that UK law does not recognise marriage between two people of the same legal gender and the Government do not intend to see that position charmed.
(b) Transsexual parents will no doubt consider carefully what impact their gaining legal recognition in an acquired gender might have on their children. A transsexual person will retain his or her parental status after being granted a full gender recognition certificate and, thereby, legal recognition in their acquired gender.
(c) The issue of an interim gender recognition certificate makes the existing marriage of the successful applicant voidable at the application to the Courts of either party to the marriage but has no effect beyond that. In granting the annulment, the Court will be able to make orders dealing with financial and other issues arising from the annulment of the marriage.
(d) The Government have conducted a consultation exercise for same sex civil partnership and will publish their response in due course. If a civil partnership scheme is created, an individual who has been married prior to receiving recognition in the acquired gender could, subsequent to receiving recognition, register a civil partnership with the same individual.