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 of changes by transgender people so that they may enjoy any rights conferred by the law of Jersey on people of their gender.
Gender Recognition Certificate
Legal recognition will follow from the issue of a full gender recognition certificate by the Royal Court. Before issuing a certificate, the Royal Court must be satisfied that the applicant’s gender has been recognized under the law of an approved jurisdiction.
On issue of a certificate, a transgender person will be entitled to a new Jersey birth certificate reflecting their gender provided that a Jersey birth register entry already exists for the person.
Transgender people can have a condition known as gender dysphoria or gender identity disorder. This means that they do not feel that their gender matches their sex assigned at birth and may sometimes seek medical treatment to ease their dysphoria. As part of the treatment, they may choose to have legal recognition of their gender.
You will find the Trans* Jersey Pathway to Care leaflet that was developed with assistance from Health and Community Services, 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 gender recognition certificate. Where the applicant is married, the Royal Court will issue an interim gender recognition 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, their gender is recognized under the law of Jersey.
Where a full certificate is issued to a person who has a Jersey birth register entry, the Royal Court will send a copy the 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 correct details.
Transgender people may change name by deed poll, usually prior to obtaining legal recognition of their 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 is required to have their deed poll registered and their new name entered on the public registers.
Transgender people may also change their name by having their new name entered on their new birth register entry. If they 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.