The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019

• Citation: S.I. 2019/1514
• Sections: 174

Section 1 Citation and commencement

(1) These Regulations may be cited as the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019.

(2) These Regulations come into force on 13th January 2020.

Section 2 Extent

(1) These Regulations extend to Northern Ireland only, subject to paragraphs (2) to (6).

(2) The following extend to Northern Ireland, England and Wales, and Scotland—

this Part;

regulation 10(3)(a) ;

regulation 11(3);

regulation 12 , except paragraph (1) ;

regulation 14 , except paragraph (1) ;

regulation 17(1) and (2) (b) ;

regulation 18 ;

regulations 41 , 42(2) to (4) , 43(2) to (7) , 44 , 46(1) and (2) and 49 to 52 .

(3) The following extend to Northern Ireland, and England and Wales—

regulation 10(3)(c) ;

regulation 26(3)(b) and (6) (b) ;

regulation 46(3) .

(4) The following extends to England and Wales only—

regulation 47(1) .

(5) The following extends to Scotland only—

regulation 47(3) .

(6) The following extends to England and Wales, and Scotland, only—

regulation 65 .

Section 3 Extension of marriage to same-sex couples

(1) In Article 6(6) of the Marriage (Northern Ireland) Order 2003 (legal impediments to marriage) —

(a) omit sub-paragraph (e) (parties must not be of the same sex), and the preceding “or”, and

(b) after sub-paragraph (c) insert “or”.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 4 Form of appropriate declaration at solemnisation of a marriage

In each of Articles 19(3) and 25 of the Marriage (Northern Ireland) Order 2003 (which refer to declarations by the parties to a marriage that they accept each other as husband and wife), after “as husband and wife” insert “ or as husband and husband or as wife and wife”.

Section 5 Parties being of the same sex no longer to be a ground on which a marriage is void

(1) In Article 13(1) of the Matrimonial Causes (Northern Ireland) Order 1978 (grounds on which a marriage is void), omit sub-paragraph (e) (parties not respectively male and female).

(2) In section 4(1) of the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 , omit paragraph (b) (guidance connected to Article 13(1)(e) of the 1978 Order) and the preceding “and”.

Section 6 Effect of extension

(1) In the law of Northern Ireland, marriage has the same effect in relation to same-sex couples as it has in relation to opposite-sex couples.

(2) The law of Northern Ireland (including all applicable legislation whenever passed or made) has effect in accordance with paragraph (1).

(3) Paragraphs (1) and (2), and regulation 7 , are subject to any contrary provision made by these Regulations (or future applicable legislation), including contrary provision contained in amendments of existing applicable legislation.

(4) In this regulation—

“applicable legislation” means—

an Act of Parliament so far as it forms part of the law of Northern Ireland,

Northern Ireland legislation,

subordinate legislation made under an Act of Parliament, so far as the subordinate legislation forms part of the law of Northern Ireland, and

subordinate legislation made under Northern Ireland legislation;

“existing applicable legislation” means applicable legislation passed or made before 13th January 2020;

“subordinate legislation” means any Order in Council, order or warrant (other than an order made or a warrant issued by a court), scheme, rule, regulation, bye-law or other instrument.

Section 7 Interpretation of existing legislation: references to marriage, couples and married persons

(1) In existing applicable legislation—

(a) a reference to marriage is to be read as including a reference to marriage of a same-sex couple,

(b) a reference to a married couple is to be read as including a reference to a married same-sex couple, and

(c) a reference to a person who is married is to be read as including a reference to a person who is married to a person of the same sex.

(2) Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a marriage that has ended, or a reference to a person whose marriage has ended) is to be read accordingly.

(3) For the purposes of paragraphs (1) and (2), it does not matter how a reference is expressed, so that (for example) in existing applicable legislation—

(a) a reference to a husband, or a reference to a wife, is to be read as including a reference to a same-sex spouse (of either sex),

(b) a reference to a widow, or a reference to a widower, is to be read as including a reference to a surviving same-sex spouse (of either sex), and

(c) a reference to a person’s “husband or wife” is to be read as a reference to the person’s spouse (whether of the opposite or same sex).

(4) Paragraphs (1) to (3) do not limit regulation 6 (1) and (2).

(5) In this regulation “existing applicable legislation” has the same meaning as in regulation 6 .

Section 8 Interpretation of existing private legal instruments

(1) Regulation 6 (1) and (2) do not alter the effect of any private legal instrument made before 13th January 2020.

(2) In this regulation “private legal instrument” includes—

(a) a will,

(b) an instrument (including a private Act) which settles property,

(c) an instrument (including a private Act) which provides for the use, disposal or devolution of property, and

(d) an instrument (including a private Act) which—

(i) establishes a body, or

(ii) regulates the purposes or administration of a body,

(whether the body is incorporated or not and whether it is charitable or not);

but (with the exception of the kinds of private Act mentioned in sub-paragraphs (b) to (d)) it does not include applicable legislation.

(3) In paragraph (2)—

(a) “Act” includes an Act of the Parliament of Ireland, an Act of the Parliament of Northern Ireland and an Act of the Northern Ireland Assembly;

(b) “applicable legislation” has the same meaning as in regulation 6 .

Section 9 Disapplication of regulations 6 and 7 in certain cases

(1) Regulation 6(1) and (2) do not apply to the common law concerning—

(a) the right of a person who marries, or is married to, the King Regnant, to the title of Queen,

(b) the right of a person who marries, or is married to, the Prince of Wales, to the title of Princess of Wales, or

(c) the acquisition of a right to, or interest in, a peerage, and all titles, rights, offices, privileges and precedence attaching to it, by a person who marries or who is married to a peer holding that peerage.

(2) Regulation 6(1) and (2) do not apply to EU instruments.

(3) Regulations 6(1) and (2) and 7(1) to (3) do not apply to a provision listed in paragraph 5 of Schedule 2 to the Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 , so far as the provision forms part of the law of Northern Ireland.

Section 10 Recognition of extra-territorial marriages of same-sex couples

(1) A marriage under—

(a) the law of any part of the United Kingdom (other than Northern Ireland), or

(b) the law of any country or territory outside the United Kingdom,

is not prevented from being recognised under the law of Northern Ireland only because it is the marriage of a same-sex couple.

(2) For the purposes of paragraph (1) it is irrelevant whether the law of a particular part of the United Kingdom, or a particular country or territory outside the United Kingdom—

(a) at the start of 13th January 2020 already provides for marriage of same-sex couples, or

(b) provides for marriage of same-sex couples from some later time.

(3) Accordingly—

(a) in the Marriage (Same Sex) Couples Act 2013 , in paragraph 2 of Schedule 2 (same-sex marriage in England and Wales to be treated in Northern Ireland as civil partnership), after sub-paragraph (1) insert—

(1A) Sub-paragraph (1) does not apply on or after 13th January 2020 except for the purposes of proceedings commenced before that date under Chapter 2 of Part 4, or section 191, of the Civil Partnership Act 2004 (dissolution, nullity and other proceedings in Northern Ireland in respect of civil partnerships, and property disputes between civil partners).

(b) in the Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 , in Article 6 (same-sex marriage in Scotland to be treated in Northern Ireland as civil partnership), after paragraph (1) insert—

(1A) Paragraph (1) does not apply on or after 13th January 2020 except for the purposes of proceedings commenced before that date under Chapter 2 of Part 4, or section 191, of the Civil Partnership Act 2004 (dissolution, nullity and other proceedings in respect of civil partnerships, and property disputes between civil partners).

(c) in section 1(3) of the Civil Partnership Act 2004 (cases where civil partnerships brought to an end), after paragraph (b) insert—

, or

(c) on its coming to an end in accordance with section 11(2)(a) of the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5) (ending of civil partnership formed as mentioned in subsection (1)(a)(ii) or (iv) on its being changed to a marriage under section 10 of that Act, and ending of certain civil partnerships where the civil partners marry in accordance with the Marriage (Scotland) Act 1977).

(4) Paragraphs (1) and (2) do not apply for the purposes of any proceedings commenced before 13th January 2020 under Chapter 2 of Part 4, or section 191, of the Civil Partnership Act 2004 (dissolution, nullity and other proceedings in respect of civil partnerships, and property disputes between civil partners).

Section 11 Marriage overseas: consular, and armed forces, marriages

(1) The Foreign Marriage Act 1892 is repealed.

(2) In the Marriage (Same Sex Couples) Act 2013 , paragraphs 4, 5, 10 and 11 of Schedule 6 extend also to Northern Ireland.

(3) Accordingly, in section 20 of the Marriage (Same Sex Couples) Act 2013 (extent)—

(a) in subsection (3)(b), omit “and paragraphs 4, 5, 10 and 11 of Schedule 6”, and

(b) in subsection (8), at the end insert “(but see regulations 2 and 11 of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019)”.

Section 12 Marriage overseas: consular, and armed forces, marriages

(1) Part 2 of the Consular Marriages and Marriages under Foreign Law (No. 2) Order 2014 extends also to Northern Ireland.

(2) Accordingly, omit article 1(3) of that Order (Part 2 does not extend to Northern Ireland).

(3) Part 2 of that Order (as it has effect in accordance with paragraph (1)) is amended as follows.

(4) In article 4(4)(a) (notice of marriage must specify relevant part of UK)—

(a) omit “either”, and

(b) after “Scotland” insert “or Northern Ireland”.

(5) In article 5 (consent to marriage), after paragraph (2) insert—

(2A) Where either party to the marriage is under the age of 18 and the relevant part of the United Kingdom is Northern Ireland then the same consents are required as would be required under Article 22 of the Marriage (Northern Ireland) Order 2003 in respect of a marriage solemnized in Northern Ireland.

(2B) The Secretary of State may dispense with the requirement to obtain those consents if satisfied that it is not reasonably practicable to obtain the consent of any person whose consent is so required.

(6) In article 8 (declaration before marriage)—

(a) in paragraph (a), after sub-paragraph (ii) insert—

(iii) where the relevant part of the United Kingdom is Northern Ireland, that there is no impediment to the marriage such that the marriage would be void under Article 13 of the Matrimonial Causes (Northern Ireland) Order 1978;

(b) after paragraph (c) insert—

(d) where either party is under the age of 18 and the relevant part of the United Kingdom is Northern Ireland—

(i) that any consents to the marriage which are required in respect of that party have been obtained; or

(ii) that the necessity of obtaining any such consents in respect of that party has been dispensed with.

(7) In article 10 (register of marriages)—

(a) in paragraph (4)—

(i) after “Scotland”, in the first place it occurs, insert “or Northern Ireland”, and

(ii) after “Scotland”, in the second place it occurs, insert “or (as the case may be) the Registrar General for Northern Ireland”,

(b) in paragraph (5), after “Scotland” insert “or the Registrar General for Northern Ireland”, and

(c) in paragraph (6), after “Scotland” insert “or Northern Ireland”.

Section 13 Marriage overseas: consular, and armed forces, marriages

(1) A person is entitled, on payment of a fee, to obtain from the Registrar General for Northern Ireland—

(a) a certified copy of any entry in a marriage register book transmitted to the Registrar General under article 6 of the Foreign Marriage Order 1970 ;

(b) a certified copy of any of the following documents transmitted to the Registrar General in accordance with article 7 of that Order—

(i) a certificate of a foreign marriage;

(ii) any translation of such a certificate;

(iii) any certificate produced by a consular officer regarding the accuracy of the translation.

(2) The fee payable under sub-paragraph (1) is the amount equal to the sum of the fees for the time being charged by the Registrar General for Northern Ireland for—

(a) the provision of a document relating to an entry in a marriage registration record, and

(b) a search of the indexes to marriage registration records in the Registrar General’s custody.

(3) A certified copy provided under sub-paragraph (1)(a) is sufficient evidence of the marriage.

(4) A certified copy provided under sub-paragraph (1)(b) of any entry in the register under the Foreign Marriage Act 1892 is sufficient evidence of the formation of a foreign marriage.

(5) In this regulation “foreign marriage” means a marriage solemnized outside the United Kingdom.

Section 14 Marriage overseas: consular, and armed forces, marriages

(1) The Overseas Marriage (Armed Forces) Order 2014 , except article 12, extends also to Northern Ireland (but see regulation 10(1) of the Marriage and Civil Partnership (Northern Ireland) Regulations 2020 as regards article 12) .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) That Order (as it has effect in accordance with paragraph (1)) is amended as follows.

(4) In article 6 (marriage notice)—

(a) in paragraph (3)(c) (notice must specify relevant part of UK)—

(i) omit “either”, and

(ii) after “Scotland” insert “or Northern Ireland”, and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In article 8 (consent to marriage), after paragraph (2) insert—

(3) Where either party to the marriage is under the age of 18 and the relevant part of the United Kingdom is Northern Ireland then the same consents are required as would be required under Article 22 of the Marriage (Northern Ireland) Order 2003 in respect of a marriage solemnized in Northern Ireland.

(4) The authorised person in whose presence the marriage is to be solemnized may dispense with the requirement to obtain those consents if the authorised person is satisfied that it is not reasonably practicable to obtain the consent of any person whose consent is so required.

Section 15 Prescribed forms relating to marriage

(1) The Marriage Regulations (Northern Ireland) 2003 are amended as follows.

(2) In Schedule 1 (form of marriage notice)—

(a) in paragraph 2, after “Place of marriage” insert “including postcode”,

(b) in paragraph 12, after the boxes for “Postcode” insert—

Contact telephone number

Contact email address

(c) in the heading for Part C, after “father” insert “/parent”,

(d) in paragraph 16, for “Is he” substitute “Are they”,

(e) in the heading for Part D, after “mother” insert “/parent”,

(f) in paragraph 21, for “Is she” substitute “Are they”,

(g) in paragraph 22, in column 1, after “name” insert “, address”,

(h) in paragraph 22, in column 2, after the entry for name insert—

………………….. address

(i) the existing Parts F, G and H become, respectively, Parts G, H and I,

(j) the existing paragraphs 24 to 30 become paragraphs 26 to 32,

(k) after Part E insert—

F. About the celebrant (complete this part if you intend to have a humanist celebrant conduct the ceremony)

………………………………….....Name

………………………...……..…Address

………………………...……...Signature

(l) in the paragraph that becomes paragraph 28, in columns 1 and 2, after “birth” insert “/adoption”, and

(m) in the paragraph that becomes paragraph 32—

(i) in sub-paragraph (ii), for “Part F” substitute “Part G”, and

(ii) in sub-paragraph (v), for “Part G” substitute “Part H”.

(3) In Schedule 2 (form of marriage schedule)—

(a) in paragraph 3, omit “Bridegroom” and “Bride”,

(b) in paragraph 9, after “Father’s” insert “/Parent’s”,

(c) in paragraph 10, after “Mother’s” insert “/Parent’s”, and

(d) in paragraph 11, omit “Groom’s” and “Bride’s”.

(4) In Schedule 3 (form of certificate of legal capacity to marry)—

(a) for “Bridegroom” substitute “Applicant”,

(b) for “Bride” substitute “Intended spouse”, and

(c) omit “Christian or”.

(5) In Schedule 6 (form of statement by registered medical practitioner), for each of “man” and “woman” substitute “proposed spouse”.

(6) In Schedule 7 (form of marriage notice for ceremony after ceremony abroad)—

(a) in the heading of Part C, after “father” insert “/parent”,

(b) in paragraph 16, for “Is he” substitute “Are they”,

(c) in the heading of Part D, after “mother” insert “/parent”,

(d) in paragraph 21, for “Is she” substitute “Are they”, and

(e) in paragraph 24, after “birth”, in each place it occurs, insert “/adoption”.

(7) In Schedule 8 (form of marriage schedule for ceremony after ceremony abroad)—

(a) in paragraph 3, omit “Bridegroom” and “Bride”,

(b) in paragraph 9, after “Father’s” insert “/Parent’s”,

(c) in paragraph 10, after “Mother’s” insert “/Parent’s”, and

(d) in paragraph 11, omit “Groom’s” and “Bride’s”.

(8) In Schedule 9 (form of consent), in footnote (b), after “Mother” insert “, Parent”.

(9) In Schedule 11 (form of statement by responsible authority), omit “of man” and “of woman”.

(10) In Schedule 13 (form of certified copy of register entry)—

(a) in paragraph 3, omit “Bridegroom” and “Bride”,

(b) in paragraph 9, after “Father’s” insert “/Parent’s”,

(c) in paragraph 10, after “Mother’s” insert “/Parent’s”, and

(d) in paragraph 11, omit “Groom’s” and “Bride’s”.

(11) In Schedule 14 (form of certified copy of register entry)—

(a) in paragraph 3, omit “Bridegroom” and “Bride”,

(b) in paragraph 9, after “Father’s” insert “/Parent’s”,

(c) in paragraph 10, after “Mother’s” insert “/Parent’s”, and

(d) in paragraph 11, omit “Groom’s” and “Bride’s”.

(12) In Schedule 15 (form of extract from marriage registration records), in paragraph 3, omit “Bridegroom” and “Bride”.

Section 16 Extension of civil partnership to opposite-sex couples

(1) The Civil Partnership Act 2004 is amended as follows.

(2) In section 1(1) (definition of civil partnership), in the words before paragraph (a), omit “of the same sex”.

(3) In section 138(1) (conditions for eligibility to register civil partnership in Northern Ireland), omit paragraph (a) (parties must be of the same sex).

Section 17 Treatment of opposite-sex overseas relationships as civil partnerships

(1) The Civil Partnership Act 2004 is amended as follows.

(2) In section 212 (meaning of “overseas relationship”)—

(a) in subsection (1)(b) omit sub-paragraph (i) (including the “and”), and

(b) in subsection (1A) , after “England and Wales” insert “or to Northern Ireland”.

(3) In section 213 (“specified” overseas relationships)—

(a) in subsection (1), for “by Schedule 20” substitute—

—

(a) in the case of a relationship registered by two people who under the relevant law are of the same sex when the relationship is registered, by Part 1 of Schedule 20,

(b) in the case of a relationship registered by two people who under the relevant law are not of the same sex when the relationship is registered, by Part 2 of Schedule 20

(b) in subsection (3), after “this section” insert “amending Part 1 of Schedule 20”, and

(c) after subsection (3) insert—

(3A) No order may be made under this section amending Part 2 of Schedule 20 without the consent of the Department of Finance.

(4) In section 215 (overseas relationships treated as civil partnerships: the general rule)—

(a) in subsection (2), for “subsection (3)” substitute “subsections (3) and (5F)”,

(b) before subsection (6) insert—

(5E) In the case of a relationship that is—

(a) an overseas relationship treated as a civil partnership for the purposes of this Act only as a result of the amendments made by the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019, and

(b) registered (under the relevant law) as having been entered into before 13 January 2020,

subsection (5F) or (as the case may be) subsections (5G) and (5H) apply in place of subsections (3) to (5).

(5F) The time when the two people are treated as having formed a civil partnership is the start of 13 January 2020.

(5G) But if—

(a) before 13 January 2020, a dissolution or annulment of the relationship was obtained outside the United Kingdom, and

(b) the dissolution or annulment would be recognised under Chapter 3 if the overseas relationship had been treated as a civil partnership at the time of the dissolution or annulment,

subsection (5F) does not apply and subsections (1) and (2) have effect subject to subsection (5H).

(5H) The overseas relationship is not to be treated as having been a civil partnership for the purposes of any provision except—

(a) Schedules 7, 11 and 17;

(b) such provisions as are specified (with or without modifications) in regulations under section 8 of the Northern Ireland (Executive Formation etc) Act 2019;

(c) Chapter 3 (so far as necessary for the purposes of paragraphs (a) and (b)).

(c) in subsection (6) omit “216,”.

(5) Omit section 216 (the same-sex requirement).

(6) In section 237(2)(b)(ii) (regulation about recognition of dissolution etc where civil partnership not recognised under law of civil partner’s domicile), for “legal relationships between two people of the same sex” substitute “relationships of the sort that the civil partnership in question is (whether generally, between two persons of the same sex, or between two persons of the opposite sex)”.

(7) In Schedule 20—

(a) the existing text becomes Part 1,

(b) in that Part—

(i) in the words before the table, for “213 (meaning of “overseas relationship)” substitute “213(1)(a) (specified relationships between two people of the same sex)”, and

(ii) in the table, omit columns 1 and 2 of the entry for the relationship of marriage for each of Argentina, Belgium, Brazil, Canada, Denmark, Iceland, Mexico: Mexico City Federal District, Netherlands, Norway, Portugal, South Africa, Spain, Sweden, United States of America: California, United States of America: Connecticut, United States of America: District of Columbia, United States of America: Iowa, United States of America: Massachusetts, United States of America: New Hampshire, United States of America: New York and United States of America: Vermont, and

(c) after that Part insert as Part 2 the following provision—

Opposite-sex relationships

A relationship is specified for the purposes of section 213(1)(b) (specified relationships between two people who are not of the same sex) if it is registered in a country or territory given in the first column of the table and fits the description given in relation to that country or territory in the second column—

Section 18 Treatment of opposite-sex overseas relationships as civil partnerships

In article 4 of the Civil Partnership (Registration Abroad and Certificates) Order 2005 (registration abroad by registration officer), after paragraph (4A) insert—

(4AA) If the relevant part of the United Kingdom is Northern Ireland, a country or territory is treated by paragraph (4) as having sufficient facilities only if—

(a) in the case of proposed civil partners who are of the same sex under the law of that country or territory, the country or territory is listed in Part 1 of Schedule 20 to the Act (as it forms part of the law of Northern Ireland);

(b) in the case of proposed civil partners who are of the opposite sex under that law, the country or territory is listed in Part 2 of that Schedule.

Section 19 Treatment of opposite-sex overseas relationships as civil partnerships

(1) Regulation 3 of the Civil Partnership (Supplementary Provisions relating to the Recognition of Overseas Dissolutions, Annulments or Legal Separations) (England and Wales and Northern Ireland) Regulations 2005 is amended as follows.

(2) In the heading, for “between two people of the same sex” substitute “of the sort in question”.

(3) In paragraph (2), in the inserted subsection (1A)(c), for “legal relationships between people of the same sex” substitute “the relevant sort of relationship”.

(4) In paragraph (3), in the inserted subsection (2A)(b), for “legal relationships between people of the same sex” substitute “the relevant sort of relationship”.

(5) After paragraph (3) insert—

(4) After subsection (3) insert—

(3A) In this section references to “the relevant sort of relationship” are to the sort of relationship that the civil partnership in question is, and include—

(a) in the case of a relationship between two persons who are of the same sex under the relevant law, reference to that sort of relationship whether generally or between two persons of the same sex;

(b) in the case of a relationship between two persons who are of the opposite sex under the relevant law, reference to that sort of relationship whether generally or between two persons of the opposite sex.

(3B) In subsection (3A), “the relevant law” means the law in relation to which the question of recognition arises under subsection (1A)(c) or (as the case may be) (2A)(b).

Section 20 Prescribed forms relating to civil partnerships

(1) The Civil Partnership Regulations (Northern Ireland) 2005 are amended as follows.

(2) In Schedule 1 (form of civil partnership notice)—

(a) in paragraph 7, for “Disollution” substitute “Dissolution”,

(b) in paragraph 12, after the boxes for Postcode, insert—

Contact telephone number

Contact email address

(c) in the heading of Part C, after “father” insert “/parent”,

(d) in paragraph 16, for “Is he” substitute “Are they”,

(e) in the heading of Part D, after “mother” insert “/parent”,

(f) in paragraph 21, for “Is he” substitute “Are they”, and

(g) in paragraph 25, for “PREVIOUS MARRIAGE” substitute “DIVORCED OR PREVIOUS MARRIAGE ANNULLED”.

(3) In Schedule 2 (civil partnership schedule)—

(a) in paragraph 3 omit “Civil Partner” in both places it occurs,

(b) in paragraph 9, after “Father’s” insert “/Parent’s”,

(c) in paragraph 10, after “Mother’s” insert “/Parent’s”, and

(d) in columns 2 and 3 of paragraph 11, omit “Civil Partner’s”.

(4) In Schedule 5 (form of consent), in footnote (b), after “Mother” insert “, Parent”.

(5) In Schedule 8 (form of certified copy of register entry)—

(a) in paragraph 3 omit “Civil Partner” in both places it occurs,

(b) in paragraph 9, after “Father’s” insert “/Parent’s”,

(c) in paragraph 10, after “Mother’s” insert “/Parent’s”, and

(d) in columns 2 and 3 of paragraph 11, omit “Civil Partner’s”.

(6) In Schedule 9 (form of certified copy of register entry)—

(a) in paragraph 3 omit “Civil Partner” in both places it occurs,

(b) in paragraph 9, after “Father’s” insert “/Parent’s”,

(c) in paragraph 10, after “Mother’s” insert “/Parent’s”, and

(d) in columns 2 and 3 of paragraph 11, omit “Civil Partner’s”.

(7) In Schedule 10 (form of certified copy of register entry), in paragraph 3 omit “Civil Partner” in both places it occurs.

Section 21 Fatherhood

In section 2(1)(a) of the Family Law Act (Northern Ireland) 2001 (presumption, where man is married to mother of a child at the birth or at any time during the pregnancy, that man is father of the child), after “was married to” insert “, or was the civil partner of,”.

Section 22 Registration of births

(1) The Births and Deaths Registration (Northern Ireland) Order 1976 is amended as follows.

(2) In Article 2(2A) (interpretation of references to marital status of parents at time of child’s birth), after “married to” insert “, or civil partners of,”.

(3) In Article 14 (registration of father where parents not married)—

(a) in the heading, after “not married” insert “or civil partners”, and

(b) in paragraph (1), after “not married to” insert “, or civil partners of,”.

(4) In Article 18(1)(b) (re-registration of birth in certain cases)—

(a) in the words before paragraph (i), after “not married to” insert “, or civil partners of,”, and

(b) in paragraph (i), after “were so married” insert “or were civil partners of each other”.

(5) In Article 19(7) (re-registration of births of legitimated persons: interpretation), after “marriage” insert “or civil partnership”.

(6) In Article 37(7)(a)(i) and (ii) and (b)(i) (parents as qualified applicants for registration of change of child’s name), after “married to” insert “, or civil partners of,”.

Section 23 Legitimacy

(1) The Legitimacy Act (Northern Ireland) 1928 is amended as follows.

(2) Before section 1 insert—

Legitimacy of children of civil partners

(A1)

(1) A child is legitimate by virtue of a civil partnership between the natural parents of the child if, had the civil partnership been a marriage (and all other circumstances were the same), the child would have been legitimate at common law by virtue of the marriage.

(2) Subsection (1) applies to a child born on or after 13th January 2020.

(3) In section 1 (legitimation by subsequent marriage or civil partnership of parents)—

(a) in subsection (1), for “parents” substitute “mother and father”,

(b) after subsection (1) insert—

(1ZA) Where—

(a) the mother and father of an illegitimate person become civil partners of one another on or after 13th January 2020, and

(b) the father of the illegitimate person is, at the date of the formation of the civil partnership, domiciled in Northern Ireland,

the civil partnership renders that person, if living (and whether born before, on or after 13th January 2020), legitimate from the date of the formation of the civil partnership.

(c) in subsection (1A)—

(i) in paragraph (b), for “not” substitute “neither married nor”,

(ii) in paragraph (c), after “subsequently” insert “marry or”,

(iii) in paragraph (d), after “the date of” insert “the marriage or”,

(iv) in the words after paragraph (d), before “the civil partnership”, in the first place it occurs, insert “the marriage or”, and

(v) in those words, after “the date of” insert “the marriage or”.

(4) In section 3(1) (right of legitimated person, or their spouse or issue, to take interests in property as if born legitimate), after “spouse” insert “or civil partner”.

(5) In section 5 (application of Act to illegitimate persons dying before marriage of parents)—

(a) after “marriage”, in each place it occurs, insert “or civil partnership”,

(b) for “parents”, in each place it occurs, substitute “mother and father”,

(c) after “spouse”, in the first place it occurs, insert “, civil partner”

(d) after “spouse”, in the second place it occurs, insert “or civil partner”, and

(e) in the heading, for “of parents” substitute “, or civil partnership, of mother and father”.

(6) In section 8 (provisions as to persons legitimated by law other than that of Northern Ireland)—

(a) in subsection (1), for “parents” substitute “mother and father”,

(b) after subsection (1) insert—

(1ZA) Where—

(a) the mother and father of an illegitimate person become civil partners of one another on or after 13th January 2020,

(b) at the time of the formation of the civil partnership, the father of the illegitimate person is domiciled in a country other than Northern Ireland, and

(c) by the law of that other country, the illegitimate person becomes legitimated by virtue of the civil partnership,

that person, if living, is to be recognised in Northern Ireland as having been so legitimated from the date of the formation of the civil partnership.

(1ZB) Subsection (1ZA) applies even where the person’s father was not, at the time of the person’s birth, domiciled in a country in which legitimation by subsequent civil partnership was permitted by law.

(c) in subsection (1A)—

(i) in paragraph (b), for “not” substitute “neither married nor”,

(ii) in paragraph (c), after “subsequently” insert “marry or”,

(iii) in paragraph (d), after “the time of” insert “the marriage or”,

(iv) in paragraph (d), after “by virtue of the” insert “marriage or”,

(v) in the words after paragraph (d), after “the date of” insert “the marriage or”, and

(vi) in those words, after “subsequent” insert “marriage or”

(d) in subsection (2)—

(i) after “spouse” insert “or civil partner”,

(ii) after “marriage” insert “or civil partnership”, and

(iii) for “parents” substitute “mother and father”.

(7) In section 11 (interpretation), in the definition of “date of legitimation”—

(a) for “or where” substitute—

but—

(a) where (if the legitimation is by marriage)

(b) before “the commencement”, in the second place it occurs, insert “means”, and

(c) after “this Act”, in the second place it occurs, insert—

, and

(b) where (if the legitimation is by civil partnership) the date of the formation of the civil partnership is before 13th January 2020, means 13th January 2020

Section 24 Legitimacy

(1) Section 2 of the Legitimacy Act (Northern Ireland) 1961 (legitimacy of children of certain void marriages) is amended as follows.

(2) In the heading, after “void marriages” insert “and civil partnerships”.

(3) In subsection (1)—

(a) after “void marriage” insert “or a void civil partnership”,

(b) after “celebration of the marriage” insert “, or the formation of the civil partnership,”, and

(c) after “that the marriage” insert “or civil partnership”.

(4) In subsection (2)—

(a) after “where” insert—

—

(a) , and b after “death” insert—

, or

(b) if a woman is treated as the female parent of a child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, that female parent was domiciled in Northern Ireland at the time of the birth, or if she died before the birth, was so domiciled immediately before her death.

(5) In subsection (2A), after “marriage” insert “or civil partnership”.

(6) In subsection (2B)—

(a) after “child” insert “of a void marriage”,

(b) after “Children (Northern Ireland) Order 1995,” insert “or a child of a void civil partnership (whenever born),”,

(c) after “void marriage” insert “or civil partnership”,

(d) after “celebration of the marriage” insert “, or the formation of the civil partnership,”, and

(e) after “that the marriage” insert “or civil partnership”.

Section 25 Legitimacy

(1) Article 155 of the Children (Northern Ireland) Order 1995 (parents not being married to each other to have no effect in law on relationships) is amended as follows.

(2) In the heading, after “married to” insert “, or civil partners of,”.

(3) In paragraph (2), after “married to”, in both places it occurs, insert “, or civil partners of,”.

(4) In paragraph (3)(a), after “section 1” insert “or 2”.

(5) Omit paragraphs (4A) to (4D).

(6) Before paragraph (5) insert—

(4E) Paragraph (4F) applies to a person—

(a) who was born before 13th January 2020,

(b) whose parents had formed a civil partnership before that date, and

(c) who does not fall within paragraph (3)(ba) or (bb).

(4F) A reference falling within paragraph (2)(a) or (b) does not include or (as the case may be) exclude the person by virtue of that civil partnership.

Section 26 Parental status in cases of assisted reproduction

(1) The Human Fertilisation and Embryology Act 2008 is amended as follows.

(2) In section 35 (meaning of “father” in cases where woman married at time of treatment) —

(a) in the heading, after “Woman married” insert “to, or civil partner of, a man”, and

(b) in subsection (1)—

(i) in paragraph (a), after “marriage” insert “with a man or a civil partnership with a man”, and

(ii) in paragraph (b), and in the words after that paragraph, after “marriage” insert “or civil partnership”.

(3) In section 38(2) (saving for presumptions about legitimacy)—

(a) after “common law” insert “or section A1(2) of the Legitimacy Act 1976” ,

(b) before “, that” insert “or section 2(1)(a) of the Family Law Act (Northern Ireland) 2001” , and

(c) after “marriage” insert “or civil partnership”.

(4) In section 40 (embryo transferred after death of husband etc)—

(a) in the heading, for “husband etc” substitute “male spouse, civil partner or intended parent”, and

(b) in subsection (1)—

(i) in paragraph (b), after “marriage” insert “with a man or a civil partnership with a man”, and

(ii) in paragraphs (c), (d) and (e), after “marriage” insert “or civil partnership”.

(5) In section 42 (woman in civil partnership at time of treatment)—

(a) in the heading, after “civil partnership” insert “or marriage to a woman”, and

(b) in subsection (1)—

(i) after “W was a party to a civil partnership” insert “with another woman or a marriage with another woman”, and

(ii) after “the other party to the civil partnership” insert “or marriage”.

(6) In section 45(2) (saving for presumptions about legitimacy)—

(a) after “common law” insert “or section A1(2) of the Legitimacy Act 1976”,

(b) before “, that” insert “or section 2(1)(a) of the Family Law Act (Northern Ireland) 2001”, and

(c) after “marriage” insert “or civil partnership”.

(7) In section 46 (embryo transferred after death of civil partner etc)—

(a) in the heading, for “civil partner or intended female parent” substitute “female spouse, civil partner or intended parent”, and

(b) in subsection (1)—

(i) in paragraph (b), after “to a civil partnership” insert “with a woman or a marriage with a woman”, and

(ii) in paragraphs (c), (d) and (e), and in the words following paragraph (f), after “civil partnership” insert “or marriage”.

(8) In section 48(6)(b) (legitimacy), after “party to a” insert “marriage or”.

(9) In section 50 (meaning of “parties to a civil partnership”), omit subsection (2) (when “civil partnership” includes one that is void).

(10) The repeal of that subsection does not affect the status of any person born before 13th January 2020 who was treated as legitimate by virtue of that subsection (but is not so treated by virtue of section 2 of the Legitimacy Act (Northern Ireland) 1961 as amended by these Regulations).

Section 27 Parental responsibility

(1) The Children (Northern Ireland) Order 1995 is amended as follows.

(2) In Article 2(5) (interpretation of references to marital status of parents at time of child’s birth), after “married to” insert “, or civil partners of,”.

(3) In Article 5(1) (both parents have parental responsibility if married to each other at child’s birth), after “married to” insert “, or civil partners of,”.

(4) In Articles 5(2) and 7(1) (cases where parents not married to each other at child’s birth), after “not married to” insert “, or civil partners of,”.

(5) In Article 7(1ZB) (meaning of “parental responsibility agreement”), for “or (1ZA)(b)” substitute “, (1ZA)(b) or (1A)(b)”.

(6) In Article 7(1A) (court may give parental responsibility to step-parent)—

(a) after “if” insert—

—

(a) , and b at the end insert—

; or

(b) the step-parent, and—

(i) the parent of the child who is the spouse or civil partner of the step-parent, or

(ii) if the other parent of the child also has parental responsibility for the child, both parents,

make an agreement providing for the step-parent to have parental responsibility for the child.

Section 28 Parental responsibility

(1) The Children (Parental Responsibility Agreement) Regulations (Northern Ireland) 1996 are amended as follows.

(2) In regulation 2 (form of parental responsibility agreement), in paragraph (a), for “unmarried father” substitute “father who is not married or a civil partner”.

(3) After regulation 2 insert—

(2A)

(1) Where the agreement is under Article 7(1A)(b) of the Children (Northern Ireland) Order 1995 (acquisition of parental responsibility by step-parents), the agreement is to be in the form set out in Part 1 of the Schedule but with the following modifications (including in the notes).

(2) For the Declaration and Agreement substitute—

Declaration by and agreement of child’s parent, or parents, and step-parent

We declare that we are [a parent of the child who has parental responsibility for the child, and the parent’s spouse or civil partner (“the step-parent”),] [the parents of the child who each have parental responsibility for the child, and the spouse or civil partner of one of the parents (“the step-parent”),] (delete whichever does not apply) and we agree that the step-parent is to have parental responsibility for the child (in addition to any parent of the child who has parental responsibility for the child).

(3) Except in the Declaration and Agreement—

(a) for references to the child’s father, substitute references to the step-parent; and

(b) for references to the child’s mother—

(i) substitute references to the parent who is the spouse, or civil partner, of the step-parent, or

(ii) where both of the child’s parents are entering into the agreement, substitute references to the child’s parents.

(4) In regulation 3—

(a) after paragraph (2) insert—

(3) But where the agreement is under Article 7(1A)(b) of the Children (Northern Ireland) Order 1995 (acquisition of parental responsibility by step-parents)—

(a) if the agreement is between the step-parent and both parents, paragraph (1) has effect as if it required three (rather than two) copies, and

(b) paragraph (2) has effect as if it required a sealed copy to be sent to each party to the agreement.

Section 29 Adoption

(1) The Adoption (Hague Convention) Act (Northern Ireland) 1969 is amended as follows.

(2) In section 1 (convention adoption orders)—

(a) in subsection (4), omit “married”,

(b) in subsection (7), after “spouse” insert “or civil partner”, and

(c) after subsection (8) insert—

(9) In subsection (4) “couple” has the same meaning as in the Order of 1987 (see Article 2 of that Order).

(3) In section 2(a) (which applied the original Article 14(2) of the Adoption (Northern Ireland) Order 1987 with modifications), for “14(2) (adoption by married couples)” substitute “14(4) (adoption by couples)”.

(4) In section 6(2) (person legitimated following foreign convention adoption by just one parent), after “marriage of” insert “, or formation of a civil partnership by,”.

Section 30 Adoption

(1) The Adoption (Northern Ireland) Order 1987 is amended as follows.

(2) In Article 2 (interpretation), after paragraph (5) insert—

(6) In this Order “a couple” means—

(a) a married couple,

(b) two people who are civil partners of each other, or

(c) two people (whether of different sexes or the same sex) living as partners in an enduring family relationship.

(7) Paragraph (6)(c) does not include two people one of whom is the other’s parent, grandparent, sister, brother, aunt or uncle.

(8) References to relationships in paragraph (7)—

(a) are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for adoption, and

(b) include the relationship of a child with the child’s adoptive, or former adoptive, parents,

but do not include any other adoptive relationships.

(3) In Article 13(3) (adoption order not to be made in absence of opportunities to see child in home environment with adopters), in the words before paragraph (a) omit “married”.

(4) In Article 14 (requirement that there be sole applicant for adoption order except in the case of application by a married couple)—

(a) in the heading omit “married”,

(b) in paragraph (2), for “married couple where both the husband and the wife” substitute “couple where both of them”,

(c) in paragraph (3)—

(i) omit “married”,

(ii) in sub-paragraph (a), for “the husband or the wife” substitute “one of the couple”, and

(iii) in sub-paragraph (b), for “his or her spouse” substitute “the other”, and

(d) in paragraph (4) omit “married”.

(5) In Article 15(1) (conditions for sole application for adoption order), after sub-paragraph (b) insert—

, or

(c) is a civil partner and the court is satisfied—

(i) the person’s civil partner cannot be found, or

(ii) the civil partners have separated and are living apart, and the separation is likely to be permanent, or

(iii) the person’s civil partner is by reason of ill-health, whether physical or mental, incapable of making an application for an adoption order, or

(d) the court is satisfied—

(i) the person, and a parent of the child, are a couple, and

(ii) the person is not the child’s parent.

(6) In Article 17(2) (applications for freeing orders where mother’s spouse is not a parent of the child), after “spouse” insert “or civil partner”.

(7) In Article 20(3) (effect of revoking a freeing order)—

(a) in sub-paragraph (b)(ii), after “married to” insert “, or civil partners of,”, and

(b) in sub-paragraph (c)(ii), for “7(1)” substitute “7”.

(8) In Article 40 (status conferred by adoption)—

(a) in paragraph (1), after sub-paragraph (a) insert—

(aa) where the adopters are two people who are civil partners of each other, as if the child had been born as a child of the civil partnership (whether or not the child was in fact born after the formation of the civil partnership);

(b) in paragraph (1)(b), before “adopter”, in both places it occurs, insert “adopters or”,

(c) after paragraph (5) insert—

(5A) But paragraph (1)(aa) applies only as from 13th January 2020, even in the case of an adoption before that date.

(d) after paragraph (6) insert—

(7) For the purposes of the application of paragraph (6) in a case within paragraph (1)(aa), the reference in paragraph (6)(b) to the commencement of this Part is to be read as a reference to 12th January 2020.

(9) In Article 41 (adoptive relatives)—

(a) the existing provision becomes paragraph (1) of Article 41;

(b) after that provision insert—

(2) A reference (however expressed) to the adoptive mother and father of a child adopted by—

(a) a couple of the same sex, or

(b) a partner of the child’s parent, where the couple are of the same sex,

is to be read as a reference to the child’s adoptive parents.

(10) In Article 42(5) (interpretation of property dispositions: adoption when 55 or over), for “as the child of her spouse (if any)” substitute “(if she does so as one of a couple) as the child of the other one of the couple”.

(11) The amendment made by paragraph (10) applies only in relation to dispositions of property effected on or after 13th January 2020.

(12) In Article 55(1) (person legitimated following adoption by just one parent), after “marriage of” insert “, or formation of a civil partnership by,”.

Section 31 Adoption

In the Adoption Agencies Regulations (Northern Ireland) 1989 , in Part 6 of the Schedule (particulars relating to the prospective adopter)—

(a) in paragraph 4, after “marriage” insert “or civil partnership”;

(b) in paragraph 5, for “married person” substitute “person who is married or a civil partner”.

Section 32 Adoption

(1) The Intercountry Adoption (Hague Convention) Regulations (Northern Ireland) 2003 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “contact order” insert—

“couple” has the same meaning as in the Adoption (Northern Ireland) Order 1987 (see Article 2 of that Order);

(b) in the definition of “prospective adopter”, omit “married”.

(3) In regulation 3 (application for determination of eligibility, and assessment of suitability, to adopt), in paragraph (1), omit “married”.

(4) In regulation 4 (eligibility requirements and requirement to notify), in paragraph (1), omit “married” in both places.

(5) In regulation 10 (procedure following receipt of the Article 16 report), in paragraph (3)(b), omit “married”.

(6) In regulation 19 (prescribed requirements for the purposes of making a Convention adoption order), in paragraph (1)—

(a) in sub-paragraph (a)—

(i) for “spouses” substitute “of the couple”;

(ii) omit “married”;

(b) in paragraph (d)—

(i) for “spouses” substitute “couple”;

(ii) omit “married”.

(7) In regulation 29 (preparation of the Article 16 report for RSCA), in paragraph (7), omit “married”.

(8) In regulation 30 (prescribed requirements for the purposes of making a Convention adoption order), in paragraph (a)—

(a) for “spouses” substitute “of the couple”;

(b) omit “married”.

Section 33 Fostering

In Schedule 1 to the Foster Placement (Children) Regulations (Northern Ireland) 1996 (information as to prospective foster parent and other family and household members), in paragraph 1—

(a) after “marital” insert “or civil partnership”;

(b) after “marriage” insert “or civil partnership”.

Section 34 Child abduction

(1) The Child Abduction (Northern Ireland) Order 1985 is amended as follows.

(2) In Article 2(2)(d) (interpretation of references to children and parents), after “married to” insert “, or civil partners of,”.

(3) In Article 3(2)(b) (“connected person” includes person believed to be father of a child born to unmarried parents), after “married to” insert “, or civil partners of,”.

(4) In Article 4—

(a) in paragraph (2)(a) and (b) (meaning of “parent” etc), after “married to” insert “, or civil partners of,”;

(b) in paragraph (3)(a) (defences), after “married to” insert “, or civil partners of,”.

Section 35 Divorce, annulment and judicial separation

(1) The Matrimonial Causes (Northern Ireland) Order 1978 is amended as follows.

(2) In Article 2(2), in the definition of “child” , after “married to” insert “, or civil partners of,”.

(3) In Article 3 (matters of which the court must be satisfied before granting a divorce), after paragraph (6) insert—

(7) Only conduct between the respondent and a person of the opposite sex may constitute adultery for the purposes of this Article.

(4) In Article 4(6) (interpretation of references to living apart), for “a husband and wife” substitute “the parties to a marriage”.

(5) In Article 14 (grounds on which a marriage is voidable), after paragraph (h) insert—

;

but paragraphs (a) and (b) do not apply to the marriage of a same-sex couple.

(6) In Article 49 (jurisdiction of the court), after paragraph (1) insert—

(1A) Paragraphs (2) and (3) apply only in relation to a marriage of a man and a woman (but see Article 49A as regards jurisdiction in proceedings concerning a marriage of a same-sex couple).

(7) After Article 49 insert—

Jurisdiction of court: proceedings in relation to a marriage of a same-sex couple

(49A)

(1) Paragraphs (2) to (4) have effect with respect to the jurisdiction of the court to entertain any of the following proceedings in relation to a marriage of a same-sex couple—

(a) proceedings for divorce,

(b) proceedings for judicial separation, and

(c) proceedings for nullity of marriage.

(2) The court has jurisdiction to entertain proceedings for divorce or judicial separation if (and only if)—

(a) both parties to the marriage are habitually resident in Northern Ireland,

(b) both parties to the marriage were last habitually resident in Northern Ireland and one of them continues to reside there,

(c) the respondent is habitually resident in Northern Ireland,

(d) the applicant is habitually resident in Northern Ireland and has resided there for at least one year immediately before the proceedings are begun,

(e) either of the parties to the marriage is domiciled in Northern Ireland, or

(f) the following conditions are met—

(i) the parties married each other under the law of Northern Ireland, and

(ii) it appears to the court to be in the interests of justice to assume jurisdiction in the case.

(3) The court has jurisdiction to entertain proceedings for nullity of marriage if (and only if)—

(a) both parties to the marriage are habitually resident in Northern Ireland,

(b) both parties to the marriage were last habitually resident in Northern Ireland and one of them continues to reside there,

(c) the respondent is habitually resident in Northern Ireland,

(d) the applicant is habitually resident in Northern Ireland and has resided there for at least one year immediately before the proceedings are begun,

(e) either of the parties to the marriage—

(i) is domiciled in Northern Ireland, or

(ii) died before the proceedings are begun and either was at death domiciled in Northern Ireland or had been habitually resident in Northern Ireland throughout the period of one year ending with the date of death, or

(f) the following conditions are met—

(i) the parties married each other under the law of Northern Ireland, and

(ii) it appears to the court to be in the interests of justice to assume jurisdiction in the case.

(4) At any time when proceedings are pending in respect of which the court has jurisdiction by virtue of paragraph (2) or (3) (or of this paragraph), the court also has jurisdiction to entertain other proceedings, in respect of the same marriage, for divorce, judicial separation or nullity of marriage, even though that jurisdiction would not be exercisable under paragraph (2) or (3).

Section 36 Divorce, annulment and judicial separation

In Article 2(2) of the Domestic Proceedings (Northern Ireland) Order 1980 , in the definition of “child”, after “married to” insert “, or civil partners of,”.

Section 37 Declarations as to marital status: jurisdiction of the courts

In Article 31 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (declarations as to marital status)—

(a) in paragraph (2) (when court has jurisdiction), after “if (and only if)” insert “paragraph (2A) applies or”, and

(b) after paragraph (2) insert—

(2A) This paragraph applies where—

(a) the two people concerned are of the same sex and married each other under the law of Northern Ireland, and

(b) it appears to the court to be in the interests of justice to assume jurisdiction in the case.

Section 38 Property rights where parents not married to, or civil partners of, each other

(1) Article 157 of the Children (Northern Ireland) Order 1995 (property rights) is amended as follows.

(2) After “not married to” insert “, or civil partners of,”.

Section 39 Property rights where parents not married to, or civil partners of, each other

(1) Schedule 6 to the Children (Northern Ireland) Order 1995 (property rights where parents not married to each other) is amended as follows.

(2) In the heading, after “not married to” insert “or civil partners of”.

(3) In paragraph 1 (succession on intestacy), in sub-paragraph (2), after “not married to” insert “, or civil partners of,”.

(4) In paragraph 4 (entitlement to grant of probate etc), in sub-paragraph (1)(a), after “not married to” insert “, or civil partners of,”.

Section 40 Representations procedure

In regulation 10 of the Representations Procedure (Children) Regulations (Northern Ireland) 1996 (application to voluntary organisations and registered children’s homes), in paragraph (2)(c), after “spouse” insert “or civil partner”.

Section 41 Amendments of the Gender Recognition Act 2004: introductory

The Gender Recognition Act 2004 is amended in accordance with regulations 42 to 48 .

Section 42 Alternative grounds for granting certificates in Northern Ireland

(1) Sections 2(3A), 3(9), 3A and 3B, and paragraph 4(3) of Schedule 1 , (alternative grounds for granting gender recognition certificates) extend also to Northern Ireland.

(2) Section 3A (as it has effect in accordance with paragraph (1)) is amended as follows.

(3) In subsection (4)(a) (applicant must have been living in the acquired gender as at 10th December 2008), after “2013” insert “(but see subsection (8))”.

(4) In subsection (6) (ordinary residence in Great Britain), for “or Scotland” substitute “, Scotland or Northern Ireland”.

(5) After subsection (7) insert—

(8) Where the applicant—

(a) is a party to a protected marriage that is a marriage under the law of Northern Ireland, or

(b) is a party to a protected civil partnership that is a civil partnership under the law of Northern Ireland, or

(c) is ordinarily resident in Northern Ireland,

subsection (4)(a) has effect as if for the words after “was living in the acquired gender” there were substituted “on 13 January 2014”.

Section 43 Alternative grounds for granting certificates in Northern Ireland

(1) Sections 2(3C), 3(11), 3E and 3F (alternative grounds: person party to Scottish relationship but resident in England or Wales) extend also to Northern Ireland.

(2) In the headings of sections 3E and 3F, after “Welsh” insert “and Northern Ireland”.

(3) Section 3E (as it has effect in accordance with paragraph (1)) is amended as follows.

(4) In subsection (2) (interpretation), after “England and Wales” insert “or to Northern Ireland”.

(5) In subsection (5)(a) (applicant must have been living in the acquired gender as at 16th December 2008), after “2014” insert “(but see subsection (5A))”.

(6) After subsection (5) insert—

(5A) Where the applicant is ordinarily resident in Northern Ireland, subsection (5)(a) has effect as if for the words after “was living in the acquired gender” there was substituted “on 13 January 2014”.

(7) In subsection (7) (ordinary residence in England or Wales), after “Wales” insert “or in Northern Ireland”.

Section 44 Certificates to be copied to Registrar General

In section 10 (registration), before subsection (2) insert—

(1C) Where a full gender recognition certificate is issued to a person who is a party to—

(a) a marriage under the law of Northern Ireland, or

(b) a civil partnership under the law of Northern Ireland,

the Secretary of State must send a copy of the certificate to the Registrar General for Northern Ireland.

Section 45 Continuity of civil partnership or marriage on change of gender

(1) For section 11B (change in gender of civil partners) substitute—

Change in gender of civil partner

(11B)

(1) This section applies in relation to a protected civil partnership if (by virtue of section 4(2)(c) or 4A) a full gender recognition certificate is issued to a party to the partnership.

(2) The continuity of the protected civil partnership is not affected by the relevant change in gender.

(3) If the protected civil partnership is a protected overseas relationship—

(a) the continuity of the civil partnership continues by virtue of subsection (2) notwithstanding any impediment under the relevant law;

(b) the relevant law is not affected by the continuation of the civil partnership by virtue of subsection (2).

(4) In this section—

“impediment” means anything which would affect the continuation of the overseas relationship merely by virtue of the relevant change in gender;

“relevant change in gender” means the change or changes in gender occurring by virtue of the issue of the full gender recognition certificate or certificates;

“relevant law”, in relation to the protected overseas relationship in question, has the same meaning as in Chapter 2 of Part 5 of the Civil Partnership Act 2004.

(2) Sections 11C and 11D (change in gender of spouses or civil partners) extend also to Northern Ireland.

Section 46 Foreign gender change and marriage

(1) Section 21 (foreign gender change and marriage) is amended as follows.

(2) Omit subsection (1A) (subsections (2) to (5) apply to Northern Ireland only).

(3) Omit subsections (2) to (5) (non-recognition of foreign marriage following foreign gender change).

Section 47 Definitions of protected relationships

(1) Section 25 (interpretation), as it extends to England and Wales, is amended as follows—

(a) in the definition of “protected civil partnership”, in paragraph (a), after “England and Wales” insert “or under the law of Northern Ireland”, and

(b) in the definition of “protected marriage”, in paragraph (a), after “England and Wales” insert “or under the law of Northern Ireland”.

(2) Section 25, as it extends to Northern Ireland, is amended as follows—

(a) in the definition of “protected civil partnership”, for the words from “means” to the end substitute—

means—

(a) a civil partnership under the law of England and Wales or under the law of Northern Ireland, or

(b) an overseas relationship that is treated as a civil partnership by virtue of Chapter 2 of Part 5 of the Civil Partnership Act 2004,

and “protected overseas relationship” means a protected civil partnership within paragraph (b),

(b) in the definition of “protected marriage”, in paragraph (a), after “England and Wales” insert “or under the law of Northern Ireland”.

(3) In section 25, as it extends to Scotland, subsection (1) is amended as follows—

(a) in the definition of “protected civil partnership”, after “England and Wales” insert “or under the law of Northern Ireland”, and

(b) in the definition of “protected marriage”, in paragraph (a), after “England and Wales” insert “or under the law of Northern Ireland”.

Section 48 Regulations about registration of marriages and civil partnerships in gender-change cases

In Part 3 of Schedule 3 (registration: Northern Ireland), after paragraph 32 insert—

Registration of marriages and civil partnerships

(33)

(1) The Department of Finance in Northern Ireland may by regulations make provision about—

(a) the registration of qualifying marriages, and

(b) the registration of qualifying civil partnerships.

(2) Regulations under sub-paragraph (1) may, in particular, make provision for—

(a) the maintenance of—

(i) a separate register in relation to qualifying marriages, and

(ii) a separate register in relation to qualifying civil partnerships;

(b) fees to be payable in respect of things done under the regulations.

(3) Regulations under sub-paragraph (1) may make different provision for different cases or circumstances.

(4) In this paragraph—

“qualifying civil partnership” means a civil partnership under the law of Northern Ireland in a case where a full gender recognition certificate has been issued to one, or each, of the civil partners;

“qualifying marriage” means a marriage under the law of Northern Ireland in a case where a full gender recognition certificate has been issued to one, or each, of the spouses.

Section 49 Transitional provision about applications

(1) Paragraph (2) applies where—

(a) an application under section 1(1) or 4A of the Gender Recognition Act 2004 (“the Act”) has been received by a Gender Recognition Panel before 13th January 2020,

(b) the Panel has not, before that date, granted or rejected the application, and

(c) it appears to the Panel that the outcome of the application may be different if the application were dealt with in accordance with the Act as amended by this Part.

(2) The Panel must—

(a) inform the applicant of the difference of outcome that appears possible,

(b) ask the applicant if the applicant wishes for the application to be dealt with in accordance with the Act as amended by this Part, and

(c) give the applicant a reasonable opportunity to provide any further information that would be required for the application to be so dealt with.

(3) If the applicant—

(a) expresses a wish for the application to be dealt with in accordance with the Act as amended by this Part, and

(b) duly provides any information required under paragraph (2)(c),

the Panel must deal with the application in accordance with the Act as amended by this Part.

(4) If paragraph (3) does not apply, the Panel must continue to deal with the application in accordance with the Act as it would have effect without the amendments made by this Part.

Section 50 Amendments relating to registration

(1) In Article 27 of the Marriage (Northern Ireland) Order 2003 (corrections and cancellations), after paragraph (2) insert—

(3) Paragraph (4) applies in relation to a marriage solemnised before, on or after 13th January 2020 where, before the marriage is solemnised, a full gender recognition certificate has been issued under the Gender Recognition Act 2004 to either or each of the parties.

(4) The Registrar General, after consulting the parties, may—

(a) modify, or direct a registrar to modify, the recorded status of either or both of the parties in the registration of the marriage, or

(b) direct a registrar to modify the way in which the status of either or both of the parties is to be recorded when registering the marriage,

for the purpose of reducing the risk that the recorded status of the parties in the registration of the marriage will disclose the issue of the gender recognition certificate or either of the certificates.

(2) In section 147 of the Civil Partnership Act 2004 (corrections and cancellations: Northern Ireland), after subsection (2) insert—

(3) Subsection (4) applies in relation to a civil partnership formed in Northern Ireland before, on or after 13th January 2020 where, before the civil partnership is formed, a full gender recognition certificate has been issued under the Gender Recognition Act 2004 to either or each of the parties.

(4) The Registrar General, after consulting the parties, may—

(a) modify, or direct a registrar to modify, the recorded status of either or both of the parties in the registration of the civil partnership, or

(b) direct a registrar to modify the way in which the status of either or both of the parties is to be recorded when registering the civil partnership,

for the purpose of reducing the risk that the recorded status of the parties in the registration of the civil partnership will disclose the issue of the gender recognition certificate or either of the certificates.