ACT No. VII of 2013 AN ACT to amend the Civil Code, Cap. 16.

I assent.

G EORGE A BELA

(L.S.)

President

12th July, 2013

ACT No. VII of 2013

AN ACT to amend the Civil Code, Cap. 16.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

The short title of this Act is the Civil Code (Amendment)

Act, 2013 and this Act shall be read and construed as one with the

Civil Code, hereinafter referred to as "the Code".

Article 257C of the Code shall be amended as follows

(a)

the marginal note thereof shall be substituted by the

following

"Changes in act of birth and effects thereof.";

(b) subarticles (2) and (3) thereof shall be renumbered

as subarticles (3) and (4) respectively and immediately after

subarticle (1) there shall be added the following new subarticle

"(2) Without prejudice to the other provisions of

this article, as from the said day the person in respect of

whom a declaration is made under article 257B shall be

considered for all civil purposes, including with regard to

the capacity of that person to exercise the right to marry, as

belonging to the acquired sex indicated in the Register.";

and

(c)

in subarticle (4) as renumbered the words "resulting

from such annotations." shall be substituted by the words

"resulting from such annotations:" and immediately thereafter

there shall be added the following proviso

"Provided that the said persons shall also be

entitled to demand that a full certificate of their act of birth

showing the particulars resulting from the annotations be

issued to them so however that there shall be indicated on

such certificate that annotations have been made upon it by

virtue of a judgement or a decree of a court without the

details of the said annotations being specified.

Within seven days from receipt of a request made

for the issue of a birth certificate drawn up in accordance

with this proviso the Director of the Public Registry shall

cease to furnish any information contained in the register

or any copy of the register about the original act of birth of

the person making the said request except insofar as

provided in this proviso

So however that the said information about or copy

of the original act of birth may be given

(i)

with the consent of the person to whom

the certificate refers; or

(ii) when there is no such consent, upon an

order of the Court of Voluntary Jurisdiction or of

another Court taking cognizance of a cause where

the necessity of the presentation of that certificate

or information arises, where the Court is satisfied

that the issuing of the said certificate or

information is necessary to defend or safeguard a

right or a legitimate interest of the person making

the demand which, after taking into consideration

all relevant circumstances, the court considers

should prevail over the right to privacy of the

person to whom the certificate refers.".

Passed by the House of Representatives at Sitting No. 46 of the

8th July, 2013.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk to the House of Representatives

€0.36