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Byline: By Dave King

MARRIED Scots who have a sex change will be forced to divorce their partners even if they want to stay together. Without an annulment, partners would effectively be in a same-sex marriage which is opposed by the Scottish Executive and Westminster.

Holy rood has heard pleas from people who have undergone a sex swap that they should be able to stay married.

But Deputy Justice Minister Hugh Henry told the Parliament's Justice 1 committee yesterday: ''They can choose to stay together but legally there are certain changes that need to be made to reflect their new circumstances.

''It's not the intention to create same-sex marriages and if steps were not taken then in effect you could have two people of the same sex still remaining married.

''At the moment, that is not being contemplated.''

The new measures are contained in the Gender Recognition Bill, which has been introduced at Westminster and which the Executive wants to apply north of the border.

Under the proposed legislation, anyone who has undergone a sex change would be issued with a new birth certificate showing their new gender.

Around 300 transsexuals are known to GPs in Scotland and Henry said the Executive wanted to ensure they were legally protected. …