At birth an individual’s gender is registered on their birth certificate, however it may become apparent later in life that the gender assigned at birth does not match that individual’s true gender identity.

What is a Gender Recognition Certificate?

A Gender Recognition Certificate (“GRC”) is a formal document issued by the Gender Recognition Panel to legally recognise an individual’s acquired gender in the UK. If you are granted a full GRC you will, from the date of issue, be considered in the eyes of the law to be of your acquired gender. Please note, a GRC is not retrospective and does not re-write your gender history.

Once a GRC has been obtained, you will be able to obtain a replacement birth certificate with your preferred (and now legal) gender on it. Your pensionable age will be the same as your legal gender and all of your legal rights and responsibilities will correspond to your legally updated gender.

The Gender Recognition Act 2004 (GRA) is the legislation that allows transsexual people to gain legal recognition in their acquired gender.

How do I apply for a Gender Recognition Certificate?

If you want your acquired gender to be legally recognised in the UK, you will need to make an application for a Gender Recognition Certificate to the Gender Recognition Panel, a panel made up of medical and legal professionals.

There are currently three different routes to get a GRC; the standard route, alternative route and overseas route. There are different criteria which must be met for each of the routes, and which route is chosen is based on an individual’s personal circumstances. Under all circumstances, you must be at least 18 years of age. Once you have determined which route should be taken, the application process is as follows:

1. Complete and sign the right statutory declaration for your circumstances. These can be prepared and witnessed by a solicitor
2. Fill in the appropriate form
3. Gather the relevant evidence, depending on the route you are taking
4. Send your completed application form and fee to the Gender Recognition Panel. There is a nominal fee of £5 for the application

Once the Panel has made a decision this will be sent to you, with your GRC if you have been successful. If your application has been unsuccessful, reasons will be provided by the GRP. If you are granted a full GRC, and have a UK birth entry, the panel will send a full copy of the GRC to the relevant register office as soon as it is issued.

What happens if I am in a marriage or civil partnership?

You can remain married if you apply for a GRC and you and your spouse will need to complete a statutory declaration saying you both agree to stay married. If you or your spouse do not want to remain married, or if your spouse does not fill in a statutory declaration, you will get an “interim certificate”. 

You can use this certificate as grounds to end the marriage. If your marriage is registered in England, Wales or Northern Ireland, you will only get a full certificate once you end your marriage.

You can also stay in your civil partnership if it was registered in England, Wales or Northern Ireland. Your partner must fill in a statutory declaration saying they agree to remain in the civil partnership. You will get an interim certificate if your partner does not fill in a statutory declaration.

It is important that you consider the practical and legal implications of acquiring a Gender Recognition Certificate. 

If you require advice on what steps to take to acquire a Gender Recognition Certificate, or you need a statutory declaration prepared, please get in touch with our Family Law specialists who will be happy to assist you. We are pleased to offer help with statutory declarations relating to Gender Recognition Certificates for free, and would encourage donations to our friends at the OutHouse in return.