Cap. 540 · Gender Identity, Gender Expression And (Cap. 540)
Cap. 540 Art. 7Minors.
(1) The persons exercising parental authority over the minor or the tutor of the minor may file an application in the registry of the Civil Court (Voluntary Jurisdiction Section) requesting the Court to change the recorded gender and name of the minor in order to reflect the minor’s gender identity.
(2) When an application under sub-article (1) is made on behalf of a minor, the Court shall:
(a) ensure that the best interests of the child as expressed in the Convention on the Rights of the Child be the paramount consideration; and
(b) give due weight to the views of the minor having regard to the minor’s age and maturity: Provided that in any case, the Court shall ensure that any process, service or assessment that can be used to evaluate the requisites of this sub-article shall respect those rights stipulated under article 3 and the provisions of the Affirmation of Sexual Orientation, Gender Identity and Gender Expression Act, so however that the Court shall also give due consideration to any process, service or evaluation that the minor had already gone through, and where possible, not subject the minor to additional processes.
(3) If the Court accedes to the request made in accordance with sub-article (1), the Court shall order the Director to change the recorded gender and name of the minor in the act of birth of the minor, by means of an annotation in the margin.
(4) The persons exercising parental authority over the minor or the tutor of the minor whose gender has not been declared at birth, may before the minor attains the age of sixteen (16), by filing an application in the registry of the Civil Court (Voluntary Jurisdiction Section), declare the gender and the name of the minor, if the minor chooses to change the name and following the express consent of the minor, taking into consideration the evolving capacities and the best interests of the minor, the Civil Court (Voluntary Jurisdiction Section) shall order the Director to register the gender and the name of the minor in the act of birth of the minor, by virtue of an annotation in the margin: Provided that persons of sixteen (16) and seventeen (17) years, whose gender has not yet been declared, shall before they attain the age of eighteen (18) years declare their gender by virtue of the procedure as established under the provisions of article 4: Provided further that a declaration of gender carried out in terms of the preceding proviso shall not be considered as an amendment to the act of birth for the purposes of article 8(2).
Änderungsgeschichte
- Amended by XXV.2024.8