Recognition in England of Change of Gender in Scotland: A Note on Private International Law Aspects

23 Pages Posted: 31 May 2023 Last revised: 29 Sep 2023

See all articles by Eric Clive

Eric Clive

University of Edinburgh - School of Law

Date Written: May 30, 2023

Abstract

This paper challenges the view of the Secretary of State for Scotland, in his order blocking Royal Assent to the Gender Recognition Reform (Scotland) Bill, that having a dual system for the issuing of gender recognition certificates in Scotland and England would have adverse effects in various areas of United Kingdom law. It argues that this view ignores a general principle of private international law – that a personal status validly acquired in one country will be recognised in others. It points out that there have been dual systems in the law of persons within the United Kingdom for centuries and that, because of that common law principle, this has not given rise to adverse effects. There is no reason to suppose that the principle is dead or incapable of being applied to the personal status of gender.

Keywords: private international law, law of persons, gender recognition, personal status, Scotland Act 1998 s 35, Gender Recognition Reform (Scotland) Bill.

Suggested Citation

Clive, Eric, Recognition in England of Change of Gender in Scotland: A Note on Private International Law Aspects (May 30, 2023). Edinburgh School of Law Research Paper No. 2023/06, Available at SSRN: https://ssrn.com/abstract=4463935 or http://dx.doi.org/10.2139/ssrn.4463935

Eric Clive (Contact Author)

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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