Marriage and Transition

Since the introduction of marriage for same-sex couples in 2001, a marriage in the Netherlands remains valid when one of the spouses changes their legal gender registration.

The situation in the Netherlands

Since the introduction of marriage for same-sex couples in 2001, a marriage in the Netherlands remains valid when one of the spouses changes their legal gender registration. Unlike in countries without same-sex marriage, a marriage in the Netherlands does not have to be dissolved before or after transition.

International recognition

Outside the Netherlands, the legal recognition may be different. In countries that do not recognize marriage for same-sex couples, a change in legal gender registration may affect recognition of the marriage.

Practical implications

In practical terms, a marriage does not change as a result of transition. However, it may be necessary to update documents (passport, citizen service number, municipal registration) and inform the partner when dealing with authorities.

How things used to be

Until 2001, married people in the Netherlands could not change the gender recorded on their birth certificate. The 1985 law required applicants to be unmarried, because otherwise a marriage between two people of the same sex would result. Anyone who was married first had to divorce. This requirement was abolished when marriage was opened to same-sex couples in 2001. The same applies to registered partnerships, which are open to all couples in the Netherlands.

Other countries

In countries without marriage for same-sex couples, a divorce requirement may still apply, or the marriage may be converted into a registered partnership. In 2014, the European Court of Human Rights found this acceptable in a Finnish case. In the United Kingdom, the spouse must consent to the continuation of the marriage before a full recognition certificate can be issued. For couples moving within the European Union, it is important to note that member states must recognize a change of legal gender made in another member state; see EU policy and transgender rights.

The partner’s position

Under Dutch law, the spouse has no say in the change of legal gender registration. The marriage remains in effect unless either spouse files for divorce. As with any marriage, this can be based on irretrievable breakdown. Transition is often a profound experience for partners, and limited attention is paid to their position. The survivor’s pension does not change as long as the marriage remains in effect; see pensions and transition. For information on what a transition means for children in the family, see parenthood after transition and, for couples wishing to adopt a child, adoption and transition. Experiences of women whose spouse or partner transitioned are shared by the British group Trans Widows Voices; for the procedure itself, see changing legal gender registration.