Laws

GUERNSEY

Alderney, Herm, Jethou, Brecqhou, Burhou, Lihou, Sark

See also: [Isle of Man] [Jersey] [Northern Ireland] [Scotland] [United Kingdom]

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Harassment
Hate Crimes
HIV/Aids
  Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
Parenting
  Partners
Property
Sodomy
Superannuation
Transgender, Transsexual
Violence
Wrongful Death

The Bailiwick of Guernsey is a Crown dependency and not a sovereign nation. It is an independently administered jurisdiction and a possesion of the British Crown though not part of the United Kingdom or of the European Union. Each Crown dependency has a Chief Minister as head of government. The power to pass legislation affecting the island rests ultimately with their own legislature (The States of Guernsey), with the assent of the Crown. For British nationality purposes, Guernsey is treated as part of the UK.

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Age of Consent Legislation/Cases/References
1.

Bailiwick of Guernsey

On 05 November 2012, The Sexual Offences (Bailiwick of Guernsey) (Amendment) Law 2011 came into effect, lowering the age of consent to 16 years, throughout the Bailiwick [L1.7].

In July 2010, Sark reportedly would equalise the age of consent for gay men [R1.6].

On 25 March 2010, Guernsey politicians agreed to lower the age of consent for gay men to 16 and to lift the ban on more than two gay men having sex at the same time [R1.5].

Previously:

In March 2010, it was reported that Guernsey may lower the age of consent for gay men from 18 to 16 [R1.4].

On 18 November 2009, consensual sex between same-sex couples was lawful at twenty-one (21) years [L1.3].

As at 22 November 2006, Guernsey had higher age of consent provisions for same-sex relations than for heterosexual relations [R1.2].

In 1999, politicians voted to lower the age of consent for homosexuals from 21 to 18 [R1.1].

L1.7 The Sexual Offences (Bailiwick of Guernsey) (Amendment) Law, 2011
R1.6 PinkNews: Sark will equalise age of consent for gay men 08 JUL 10
R1.5 PinkNews.co.uk: Guernsey equalises gay age of consent 25 MAR 10
R1.4 The Advocate: Guernsey May Lower Age of Gay Consent 05 MAR 10
L1.3 The Sexual Offences (Bailiwick of Guernsey) Law, 1983 PDF 296.32kb, 18 NOV 09
R1.2 ILGA: State-Sponsored Homophobia PDF 109.64kb, 22 NOV 06
R1.1 BBC OnLine News: Guernsey lowers gay sex age to 18 28 JAN 99
BBC OnLine News: Guernsey Votes on Gay Sex Age 28 JAN 99
See also: The Jurist: Homosexual Offenses and Human Rights in Guernsey by Paul Johnson, 29 NOV 12

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Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
See also: [MARRIAGE]
1.

Bailiwick of Guernsey

As at 30 January 2014, the proposed "Union Civile" law was expected to be debated 2015 [R1.2].

In March 2011, campaign group, Out Of The Shadows, had collected the signatures more than 700 islanders to a petition calling for the introduction of civil partnerships [R1.1].

R1.2 ukwiredNews: Civil unions to be debated in Guernsey next year 30 JAN 14
R1.1 BBC News: Guernsey civil partnership bid is backed 01 APR 11
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
1.

Bailiwick pf Guernsey

On 15 November 1983, consensual sex between same-sex couples was partially decriminalised [L1.1], [R1.3].

The Sexual Offences (Bailiwick of Guernsey) Law, 1983 -

Amendment of law relating to homosexual acts in private

1. (1) Notwithstanding the provisions of the Law of 1929 or any rule of customary law, a homosexual act in private shall not be an offence provided that the parties consent thereto and have attained the age of 16 years [L1.2].

Previously:

1. (1) Notwithstanding the provisions of the Law Amendment of 1929 or any rule of customary law, but subject to the next following section , a homosexual act in private shall not be an offence provided that the parties consent thereto and have attained the age of twenty-one years [L1.1].

R1.3 ILGA: State-Sponsored Homophobia PDF 109.64kb, fn 9, 22 NOV 06
L1.2 The Sexual Offences (Bailiwick of Guernsey) Law 1983 PDF 126.13kb, 05 NOV 12
L1.1 The Sexual Offences (Bailiwick of Guernsey) Law, 1983 PDF 296.32kb, 18 NOV 09
See also: The Jurist: Homosexual Offenses and Human Rights in Guernsey by Paul Johnson, 29 NOV 12
Marriage Legislation/Cases/References
See also: [CIVIL UNIONS]
1.

Bailiwick of Guernsey

On 14 December 2016, the ''Same-Sex Marriage (Guernsey) Law, 2016'' received royal assent in the Privy Council, and awaits registration in the record of the island and commencement. The first marriages are expected to happen sometime in 2017 [C1.4], [R1.3].

On 21 September 2016, Members of the States voted 33 to 5 to officially legalize same-sex marriage. The legislation now goes to the Privy Council for approval [R1.2].

On 10 December 2015, it was reported that the government policy council had voted 37-7 for the introduction of same-sex marriage legislation at an as yet undetermined date with a coming into effect not before 2017 [R1.1].

D1.4 Orders in Council 2016: Order approving Same-Sex Marriage (Guernsey) Law, 2016 PDF 1.40MB (at page 3) 14 DEC 16
R1.3 BBCnews: Same-sex marriage 'could be in Guernsey by summer' 02 JAN 16
R1.2 GayStarNews: Guernsey officially approves same-sex marriage 20 SEP 16
R1.1 BBCnews: Same-sex marriage gets Guernsey States approval 10 DEC 15
Parenting, Adoption, Fostering Legislation/Cases/References
1.

Bailiwick of Guernsey

On 24 June 2015, it was reported that the Adoption Law will be amended to recognise civil partnerships and other relationships and give each partner equal rights and parental responsibility [R1.1].

R1.1 BBCnews: Guernsey law change allows same-sex couples to adopt 24 JUN 15

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