How to apply for Gender Recognition Certificates

In this article, Baroness Hale noted that ‘in law there are two sorts of woman: a person who was born a woman and has not transitioned to become a man under the Gender Recognition Act 2004; and a person who was born a man and has transitioned to become a woman under the same Act.’ However, as Baroness Hale comments, in reality there are many people who live in another gender, but who have not undergone the legal process of transition.

This may be out of choice, or due to the limiting factors of the gender recognition process, and while this article does not seek to address the limitations of the current law in relation to gender recognition, it is interesting to note that it seems likely that changes will be made to the present law in the future if one considers the recent Women and Equalities Committee report on the reform of the Gender Recognition Act 2004. Amongst a number of recommendations for reforming the legislation, the Committee included a recommendation that the requirement for spousal consent provision (as previously analysed by a colleague in Blake Morgan’s Family team) is removed from the gender recognition process.

However, so far, no changes have yet been made to the Gender Recognition Act 2004, and therefore the legal process remains the same as it has done since the legislation was introduced.

What does the legal process of gender transition involve?

In order to obtain a Gender Recognition Certificate (“GRC”), a transgender person (who is over 18 years old) must apply to the Gender Recognition Panel.

There are three routes to apply for Gender Recognition Certificates:

• 1. The Standard Application route: This is the most common application route if you are applying on the basis that you have lived in your acquired gender for two years and have or have had gender dysphoria.

• 2. The Alternative Application route: This is the application route for people who are married or are in a civil partnership and who have lived in their acquired gender in the six years prior to 10 December 2014 in England & Wales, and who continue to live in their acquired gender, and have been diagnosed with gender dysphoria or had surgery to change their sexual characteristics.

• 3. The Overseas Application route: This route is for those who have had a legal gender change recognised by a different country or territory already.

There are different application forms to be completed for each route, and each route also requires a different form of statutory declaration to be signed by the applicant stating that they intend to live in their acquired gender until death. Such statutory declarations must be witnessed by someone who is authorised to administer oaths, such as a Solicitor or Notary Public.

Certain documents must also be sent with the application and statutory declaration, depending on the application route and whether the applicant has ever been married or in a civil partnership. These include medical reports confirming that the person has gender dysphoria and show evidence that they have lived in their acquired gender for at least two years.

If successful, the transgender person will then obtain a GRC and, if their birth was registered in the UK, they will also obtain a new birth certificate. Successful applicants are advised to revisit their Will after they have received their GRC, and also alert any family members or friends who they believe may have included them as a beneficiary in their Will. More about the importance of doing so can be found in this article.

If you would like further advice or assistance with your GRC application, please get in touch with the Family team at Blake Morgan, who would be happy to help.