NOTE: This article applies to the law in England and Wales. New law has been passed in this area very recently in Scotland and relates to that jurisdiction. It may in future have complex interaction with our law.
What is a Gender Recognition Certificate?
Where a full gender recognition certificate is issued to a person, the person’s gender becomes for all purposes the acquired gender (so that, if the acquired gender is the male gender, the person’s sex becomes that of a man and, if it is the female gender, the person’s sex becomes that of a woman).
What does a Gender Recognition Certificate allow?
A gender recognition certificate allows a person to:
• update their birth or adoption certificate, if it was registered in the UK;
• get married or form a civil partnership in their affirmed gender;
• update their marriage or civil partnership certificate, if it was registered in the UK;
• have their affirmed gender on their death certificate when they die.
Applications for Gender Recognition Certificates
These are made by way of one of three tracks:
• Standard ( the main way and the one on which I will focus )
• Alternative
• Foreign
Standard Track Gender Recognition Certificates – application requirements
The applicant must be 18 or over; AND
• have been diagnosed with gender dysphoria in the UK;
• have been living in their affirmed gender for at least 2 years at the time the application was made;
• intend to live in their affirmed gender for the rest of their life.
What is diagnosis of Gender Dysphoria?
This is a report made by a registered medical practitioner practising in the field of gender dysphoria and a report made by another registered medical practitioner who may, but need not, practice in that field or a report made by a registered psychologist practising in that field and a report made by a registered medical practitioner who may, but need not, practice in that field.
At least one of the reports must include details of the applicant’s gender dysphoria and any treatment (surgical or non surgical) the applicant has undergone or intends to undergo to change their sex and characteristics if applicable.
Living in affirmed gender for 2 years
You can apply even if you have not had any gender affirming surgery or treatments or if you do not plan to have any. Each piece of evidence should contain at least one of the following that matches up with the affirmed gender:
• A name
• A title, like “Mr” or “Miss”
• A gender marker, like “male” or “female”.
Further evidence for Gender Recognition Certificate
• A single applicant will need to provide a statutory declaration in Form 2467.
• A married or civil partnered applicant will need to divide a statutory declaration in Form 2466.
• A statutory declaration for a spouse or civil partner of the applicant for a gender recognition certificate would need to complete a statutory declaration in Form 2469.
• Other evidence required is a £5 fee together with an original and certified copy of the applicant’s full birth or adoption certificate and a marriage or civil partnership certificate where relevant
What is the process for acquiring a Gender Recognition Certificate ?
It is a legal, paper based process before the gender recognition panel which is a branch of HM Courts & Tribunal Service. It is made up of a legal and medical members and effectively, the panel has to be satisfied that an applicant complies with the provisions of the Gender Recognition Act and all its requirements . The panel looks at the application within 22 weeks of applying.
What is the effect on a birth certificate post Gender Recognition Certificate ?
• When the gender recognition panel issues a full gender recognition certificate to a person whose birth was registered in the UK, they will email a copy to the relevant birth registration office and the relevant office will issue a new birth certificate in the name on the gender recognition certificate, showing the new gender.
• There will be no indication on the birth certificate that the reason for the registration is because of a change of gender.
Since 2010, the holder of a gender recognition certificate will receive an exact copy of their original birth register entry. The format of the birth certificate will be the same as the original birth certificate but will show the applicant’s new name and new gender.
Gender Recognition Certificates and the effect on civil partnership and marriage
• If a spouse/civil partner consents to the gender recognition certificate, continuity of marriage/civil partnership is not affected by the change in gender, provided that it was registered under the law of England and Wales.
• The Secretary of State will send a copy of the certificate to the Registrar General for England and Wales.
• If a spouse/civil partner does not consent, an interim certificate is issued and if the spouse/civil partner refuses to complete the statutory declaration, the interim certificate can be used to evidence the end of the marriage but there will be no full gender recognition certificate given until the divorce is at a conclusion.
What is the effect of a Gender Recognition Certificate on legal parenthood?
Under Section 12 of the Gender Recognition Act 2004, the fact that a person’s gender has become the acquired gender under this Act does not affect the status of the person as the father or mother of a child and so if someone was originally a mother, they remain a mother even though they may have acquired the gender of a male.
What is the effect of a Gender Recognition Certificate on social security pensions and benefits?
The majority of state benefits and pensions are unaffected.
Under the Gender Recognition Act 2004, schedule 5, however, the following are disallowed:
• Widow’s pension
• Long term incapacity benefit/Category A retirement pension
• Widowed mother’s allowance
What is the effect of a Gender Recognition Certificate on succession and peerages?
• The fact that a person’s gender has become the acquired gender under the Gender Recognition Act does not affect the disposal or devolution of property under a Will or other instrument made before the appointed day.
• The fact that a person’s gender has become the acquired gender under this Act does not affect the descent of any peerage or dignity or title of honour.