Last amended by Marriage (Same Sex Couples) Act 2013 in 2013. Allowed a married applicant to obtain a full GRC without ending the marriage, subject to the consent of their spouse, and made related changes to the application process.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Gender Recognition Act 2004 provides a legal process by which a transgender person aged 18 or over can obtain a Gender Recognition Certificate (GRC) and have their acquired gender recognised in law for all purposes, including the issue of a new birth certificate. An application is made to a Gender Recognition Panel, which must be satisfied that the applicant has, or has had, gender dysphoria, has lived in the acquired gender for at least two years, and intends to live in it permanently (ss.1-2). A full GRC changes the person's legal gender for almost all purposes (s.9). The Act creates a criminal offence of disclosing 'protected information' about a person's application or gender history (s.22). Since the Marriage (Same Sex Couples) Act 2013, a married applicant can obtain a full GRC without ending the marriage, provided their spouse consents.
Key Points
- Applications are decided by a Gender Recognition Panel (ss.1-2)
- Applicant must have or have had gender dysphoria, have lived in the acquired gender for at least 2 years, and intend to continue permanently
- Medical evidence in support of the application is required
- A full GRC changes legal gender for almost all purposes, including issue of a new birth certificate (s.9)
- Since the Marriage (Same Sex Couples) Act 2013 a married applicant can obtain a full GRC with their spouse's consent (no annulment required)
- Criminal offence to disclose protected information about a person's application or gender history (s.22)
Parts & Sections
Amendments History
2013 — Marriage (Same Sex Couples) Act 2013
Allowed a married applicant to obtain a full GRC without ending the marriage, subject to the consent of their spouse, and made related changes to the application process.
Frequently asked questions
- Who is eligible to apply for a Gender Recognition Certificate?
- The Gender Recognition Act 2004 allows a person aged 18 or over to apply to a Gender Recognition Panel for a Gender Recognition Certificate. The Panel must be satisfied that the applicant has, or has had, gender dysphoria, has lived in their acquired gender for at least two years, and intends to continue living in that gender permanently. Medical evidence is required to support the application.
- What does a full Gender Recognition Certificate do?
- Once a full Gender Recognition Certificate is issued, the person's legal gender becomes their acquired gender for almost all purposes. This includes the ability to have a new birth certificate issued reflecting their acquired gender. The certificate effectively changes the person's legal status in law to match their acquired gender.
- Can a married person get a Gender Recognition Certificate without divorcing?
- Yes, since the Marriage (Same Sex Couples) Act 2013, a married applicant can obtain a full Gender Recognition Certificate without ending their marriage. However, this is only possible if their spouse consents to the application. Previously, the marriage had to be ended before a full certificate could be granted.
- Is it illegal to share someone's gender recognition details?
- It is a criminal offence under the Act to disclose 'protected information' about a person's application or gender history. This applies specifically to individuals who acquired such information in an official capacity. There are specific exceptions to this prohibition, but generally, sharing these details unlawfully is a crime.
- Who decides whether to grant a Gender Recognition Certificate?
- Applications are decided by a Gender Recognition Panel. The Panel must grant the application if it is satisfied that the applicant meets the legal criteria, including having gender dysphoria, living in the acquired gender for at least two years, and intending to continue permanently. The Panel may issue either a full certificate or an interim certificate in specified cases.