Gender Recognition Act 2015

33.

Amendment of Chapter 2 of Part 10 of Act of 2010

33. Chapter 2 of Part 10 of the Act of 2010 is amended by the insertion of the following sections after section 91:

“Register of gender recognition of intercountry adoptions

91A. (1) The Authority shall establish and maintain, in the Authority, a register to be called the register of gender recognition of intercountry adoptions, for the purpose of the registration of gender recognition of intercountry adoptions.

(2) An entry in the register of gender recognition of intercountry adoptions shall be in such form and contain such particulars as may be prescribed by regulations made under section 152A.

(3) The Authority shall keep an index to make traceable the connection between each entry in the intercountry adoptions register and the corresponding entry in the register of gender recognition of intercountry adoptions.

(4) The index kept under subsection (3) shall not be open to public inspection, and no information from that index shall be given to any person except by order of a court.

(5) A court shall not make an order referred to in subsection (4), where the person to whom the information relates is a child of less than 18 years of age, unless satisfied that it is in the best interest of the child.

Certified copy of entry in register of gender recognition of intercountry adoptions as evidence of facts stated

91B. (1) Subject to subsection (3), the Authority shall, on application by a person referred to in subsection (2), in that behalf in writing and on payment to the Authority of the prescribed fee—

(a) search the register of gender recognition of intercountry adoptions and the index to that register, or

(b) give the person—

(i) a copy certified by him or her to be a true copy,

(ii) a copy, or

(iii) a certified extract,

of an entry in the register of gender recognition of intercountry adoptions specified by the person.

(2) The following persons may make an application to the Authority under subsection (1):

(a) the person to whom the entry on the register of gender recognition of intercountry adoptions relates;

(b) a person who is, in relation to the person referred to in paragraph (a) —

(i) the surviving spouse or civil partner,

(ii) if no surviving spouse or civil partner, the child,

(iii) if no surviving spouse or civil partner or child, a parent, or

(iv) if no surviving spouse or civil partner, child or parent, a surviving brother or sister.

(3) A certified copy of a document referred to in subsection (1) shall not disclose the fact that the entry is contained in the register of gender recognition of intercountry adoptions.

(4) Any requirement of law for the production of a certificate of birth is satisfied by the production of a certified copy of the document described in subsection (1).

(5) In subsection (2) ‘civil partner’ has the same meaning as in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

Entry in register of gender recognition of intercountry adoptions

91C. A person referred to in subparagraph (iv) of section 9(1)(a) of the Act of 2015 to whom a gender recognition certificate is issued by the Minister may contact the Authority and request that the particulars relating to the recognition of the gender of the person are entered in the register of gender recognition of intercountry adoptions.

Cancellation or amendment of entry in register of gender recognition of intercountry adoptions

91D. (1) The Authority, as soon as practicable following receipt of a notice under section 14(9)(c) or 15(11)(c) of the Act of 2015, shall cancel the appropriate entry in the register of gender recognition of intercountry adoptions and the index referred to in section 91A(3).

(2) The Authority, as soon as practicable following receipt of a notice under section 16(8)(c) of the Act of 2015, shall correct the appropriate entry in the register of gender recognition of intercountry adoptions and the original entry shall be retained in the register.

(3) The Authority, following a correction of an error of an entry in the register of intercountry adoptions under section 90(11) which corresponds to an entry in the register of gender recognition of intercountry adoptions, shall amend the appropriate entry in the second referred to register accordingly.”.