Gender Recognition

Stonewall, the LGBTQ+ charity define Trans as “an umbrella term to describe people whose gender is not the same as, or does not sit comfortably with, the sex they were assigned at birth”

Preventing a Trans person from following their own path, whatever it may be, can lead to serious problems. These can range from personal and family issues, to difficulties in professional life, bureaucratic obstacles, and complications when it’s necessary to be identified.

The Gender Recognition Act reform: consultation and outcome (Feb 2022) describes “acquired gender” as the gender in which an applicant is living and seeking legal recognition. The Government has explained that it is different from the sex (male or female) recorded at birth and is instead, the gender the individual identifies with. The GRA enables transgender people to achieve legal recognition in their acquired gender and change their recorded sex on their birth certificate from male to female or vice versa.

At present, there is no process in any part of the UK by which transgender people may achieve legal recognition of their acquired gender based on self declaration only.

Child Law

After consulting separately, the Scottish Government intends to bring forward legislation in 2021-22 to change the process for achieving legal gender recognition in Scotland. Under the process proposed in the draft Gender Recognition Reform (Scotland) Bill, applicants would no longer be required to provide medical evidence of their diagnosis of gender dysphoria but would still have to make a statutory declaration.

The GRA allows transgender adults to apply to the Gender Recognition Panel for a Gender Recognition Certificate (GRC). In most cases, applicants must provide medical evidence of a diagnosis of gender dysphoria and details of any treatment received; evidence of living in their acquired gender for at least two years; and a statutory declaration that they will continue to do so permanently. There is no requirement for applicants to have undergone gender reassignment surgery or hormone treatment.

The Government has explained that applicants who are granted a full GRC are, from the date of issue, considered in law “to have the gender they identify with (man or woman only) rather than the gender that accords with the sex that was recorded at birth.”

Gay Lawyers are ready to support any individuals who want to begin the legal journey of Gender Recognition, and will do so with the upmost expertise and sensitivity.

The above information was all sourced from https://commonslibrary.parliament.uk/research-briefings/cbp-9079/

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