LGBT+ History: Gender Recognition Act


In 2004 the government passed this act after pressure from the European Court Of Human Rights, following rulings on the Goodwin & I v’s UK case link: https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-60596%22]}

In the early years it was required that in order to get the certificate the applicant could not be married and had to provide evidence of long term transition although to a lesser degree than those who applied later on as it was deemed more difficult for those people to gather the required historical information.

Once evidence is gathered the information is submitted to a panel of experts who will decide if the person has supplied enough evidence that they have been, and intend to continue to, live in the acquired gender.  The additional requirement of having, or having had, Gender Dysphoria is also assessed by the panel.  Later legislation allowing same sex marriage in 2013, 2014 in Scotland, required amendments to the Act but otherwise little has changed.

The amendments made as a result of the Same-Sex Marriage Act(s) requires that both parties in the marriage sign a statutory declaration stating they wish to remain married.  If one or both do not wish to remain married then an interim recognition certificate can be granted which apply as grounds to end the marriage.  Applicants in Northern Ireland are unable to remain married on application for a Gender Recognition Certificate.

The governemnt website includes statistics of the number of applications received and approved and the latest quarterly figures showed the highest number of applicants registered as female at birth than any previous year with 47%.

Once a certificate is issued the applicant will be considered in law to be completely of the acquired gender for all purposes.

For those who would like to get further information about the Act or to apply for recognition the information is held here: https://www.gov.uk/apply-gender-recognition-certificate with the guidance leaflet here: https://formfinder.hmctsformfinder.justice.gov.uk/t455-eng.pdf

Leave a Reply

Your email address will not be published. Required fields are marked *