Source · Select Committees · Women and Equalities Committee
Recommendation 14
14
Paragraph: 117
We recommend the requirement for spousal consent should be removed.
Recommendation
We recommend the requirement for spousal consent should be removed. When an application is made, the non-transitioning spouse should be notified by the body 74 Reform of the Gender Recognition Act processing the application (currently the Gender Recognition Panel) that their transitioning spouse has applied for a Certificate. The non-transitioning spouse should be given the option to either remain married/in a civil partnership or have the marriage/civil partnership annulled. If the spouse opts for an annulment, or does not respond, the body granting the certificate should issue an annulment at the same time as a full Gender Recognition Certificate, subject to appropriate safeguards. The transitioning spouse should also have the option to annul the marriage or partnership but not before the granting body is satisfied that the non-transitioning spouse is aware of the process. The body issuing the certificate will need to be given the power to issue annulments. Any connected matters, such as applications by either spouse for a financial order, should be dealt with by the family courts.
Paragraph Reference:
117
Government Response
Acknowledged
HM Government
Acknowledged
15. We acknowledge the Committee’s recommendation regarding engagement with the work of the Committee. We recognise how important it is for departments to be held accountable, and that scrutinising the work of the GEO, and the wider Equality Hub, is a core element of the Committee’s functions. The Government wholly commits to engaging fully with the Committee and continuing to build a constructive relationship.