Gender Recognition (Jersey) Law 2010
Updated 8 January 2016
This Law, approved by the States on the 3rd February 2009 and brought in to force on 8th January 2010, provides for the legal recognition in Jersey of changes in gender by transsexual people so that they may enjoy any rights conferred by the law of Jersey on people of their acquired gender.
Legal recognition will follow from the issue of a full gender recognition certificate (a "full certificate") by the Royal Court. Before issuing a certificate the Royal Court must be satisfied that the applicant has been recognized under the law of an approved jurisdiction as having changed gender.
On issue of a full certificate, a transsexual person will be entitled to a new Jersey birth certificate reflecting his or her acquired gender (provided that a Jersey birth register entry already exists for the person) and will be able to marry in Jersey someone of the opposite gender to his or her acquired gender.
Transsexual people have a condition known as gender dysphoria, gender identity disorder, transsexualism, gender incongruence or transgenderism. This means that transsexual people feel that they are trapped within a body of a sex that does not match their gender identity. Transsexual people may therefore seek medical treatment and assistance to allow them to change gender to the gender to which they feel they belong. As part of the treatment transsexual people may choose to have legal recognition of this change in gender.
You will find the Trans* Jersey Pathway to Care leaflet that was developed with assistance from the States of Jersey Health and Social Services Department, here Trans* Jersey Pathway to Care leaflet
Where the requirements of the Law are met and the applicant is unmarried, the Royal Court will issue a full gender recognition certificate (a "full certificate"). Where the applicant is married the Royal Court will issue an interim gender recognition certificate (an "interim certificate).
Where an applicant has been issued with an interim certificate, they may apply to the Royal Court for a decree of nullity in respect of their marriage. Once such a decree of nullity has been made, the Royal Court will issue a full certificate to the applicant.
Where an applicant has been issued with an interim certificate but the applicant's marriage has been dissolved or annulled other than as set out, or the applicant's spouse dies, the applicant may apply for a full certificate and the Royal Court will grant a full certificate if satisfied that the applicant is no longer married.
Once a person is issued with a full certificate they are recognized under the law of Jersey as having changed gender.
Where a full certificate is issued to a person who has a Jersey birth register entry, the Royal Court will send a copy the full certificate to the Superintendent Registrar who will arrange for the re-registration of the person's birth. This will enable the person to obtain a birth certificate showing their new details including their new name and gender.
Transsexual people will usually, as part of their treatment, change name by deed poll to reflect their change in gender, prior to obtaining legal recognition of their change in gender. In Jersey, any person who changes their name by deed poll and whose previous name is recorded in the books of the Public Registry of Contracts, the Register of Procurations or the Register of Obligations (the "registers") is required to have their deed poll registered and their new name entered on the public registers.
Transsexual people may also change their name by having their new name entered on their new birth register entry following the issuance of a full certificate. If transsexual people change their name in this way, rather than by deed poll, and their previous name is recorded in the registers the Court will direct the Judicial Greffier to record their new name in the registers in the same way as if they had changed their name by registered deed poll.