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Cap. 540 · Gender Identity, Gender Expression And (Cap. 540)

Cap. 540 Art. 9Foreign decisions.

In KraftAmtlicher Text

(1) A final decision about any person’s gender identity which has been determined by a competent foreign court or responsible authority acting in accordance with the law of that country shall be recognised in Malta by virtue of a public deed of recognition and the provisions of article 5(2) and (3) shall apply mutatis mutandis.

(2) The public deed of recognition shall contain the following elements:

(a) a legal copy of the final decision which is to be recognised, and when it is not in the Maltese or English language it shall be translated to one (1) of these languages;

(b) a legal copy of a valid identification document issued by the country where the decision was determined;

(c) declaration of the acts of civil status of the applicant registered in Malta, as well as any other act of civil status wherein the applicant appears registered in Malta, with the progressive registration number and year of each one (1); and

(d) all the prescribed elements required in accordance with the Notarial Profession and Notarial Archives Act.

(3) In the case of minors, a request for recognition of a final decision about the minor’s gender identity which has been determined by a competent foreign court or responsible authority acting in accordance with the law of that country, shall be made by means of an application filed in the registry of the Civil Court (Voluntary Jurisdiction Section) by the persons exercising parental authority over the minor or the tutor of the minor and the provisions of article 7 shall apply mutatis mutandis.

(4) Gender markers, not recognised by this Act, but recognised by a competent foreign court or responsible authority acting in accordance with the law of that country shall be recognised in Malta.

(5) When a person who has made a request in accordance with this article has acts of civil status registered in Malta, the provisions of article 10 and the provisions of this Act relating to annotations required by the Director, shall, as the case may be, apply to mutatis mutandis this article.

Änderungsgeschichte
  • Amended by XXV.2024.10