The Gender Recognition Act came into force on 4 April 2005. This means that, for the first time, transsexual people can acquire legal recognition of their new gender. It is estimated that at least 5,000 people may wish to take advantage of this new right.
How to apply
Transsexual people may apply for legal recognition of their acquired gender to the Gender Recognition Panel. This was set up by the Department for Constitutional Affairs. The panel will sit in private and consider documentary evidence provided by the applicant to support their application.
What evidence is required?
- Evidence that they are at least 18 years old.
- Evidence that they have been diagnosed with gender dysphoria.
- Evidence that they have lived in the acquired gender for at least the two years immediately before the application.
- A declaration that they intend to continue to live in the acquired gender for the rest of their life.
- A declaration of their marital status.
There is a fee for each application. Successful applicants will be granted a Gender Recognition Certificate. There are two types of Gender Recognition Certificate:
- A full Gender Recognition Certificate - if the applicant is single.
- An interim Gender Recognition Certificate - if the applicant is married.
An interim certificate is valid for six months. It may be used as evidence if either member of the couple chooses to end their marriage on this basis. Once a full certificate is issued, the applicant’s gender becomes, for all purposes, the recognised acquired gender. The gender recognition is not retrospective. It will not change on previous legal documents.
What happens next?
The Gender Recognition Panel will notify the Registrar General of all successful applications. The entries will be entered in a Gender Recognition Register. The General Register Office will keep a confidential record of the link between entries. The General Register Office can issue full and short birth certificates showing the acquired gender.
Marriage
To receive a full Gender Recognition Certificate, a transsexual person must be unmarried. This is because under UK marriage law, a marriage is only valid if contracted by two people of the opposite sex. So, for example, a male to female transsexual who has not received legal recognition as a woman remains a male in law and may only marry a woman. The holder of a full Gender Recognition Certificate will have all the rights of others of the same gender. This means that he or she may marry someone of the opposite gender. For example, a male to female transsexual may marry a man once she has received legal recognition of her acquired gender.
Useful links
The Gender Recognition Panel website provides advice and application packs.
Alternatively, you can contact them at:
GRP
PO Box 6987
Leicester
LE1 6ZX
Telephone: 0845 355 5155