Your guide to gender recognition and the law

In Gender recognition advice

If you’re transgender, at some point during or after transition, you’ll likely want legal recognition of your acquired gender.

We’ll guide you through what gender recognition is, how the law affects you, and how to find legal assistance when changing genders.
 

What is gender recognition?


By law, when you’re born, your birth certificate must specify your gender. This dictates how you’re affected by things like pensions and marriages that fall under the state’s scope.

You can still self-identify as the opposite gender (or as non-binary or gender-neutral) but unless you legally change your gender, you may still be treated as your birth-gender in some instances.
 

How do I legally change my gender?


The UK’s Gender Recognition Act 2004, ‘enables transsexual people to apply to the Gender Recognition Panel to receive a Gender Recognition Certificate.’ This panel comprises medical experts and legal professionals. In most cases, a review of your application takes place without a hearing – although some complex cases may require one.

A Gender Recognition Certificate is required if you want your acquired gender to be legally recognised.

So, for instance, when you apply for a passport, you’ll need to provide the usual documents, alongside the Gender Recognition Certificate, birth or adoption certificate showing your acquired gender, a deed poll (if you’ve changed your name), and a letter from your doctor stating that your change of gender is likely to be permanent.

Depending on your circumstances, you have three ways to legally change your gender identity:

Standard route

Use form T450, the government’s ‘standard route’, as long as:
  • You’re over 18
  • You’ve been diagnosed with gender dysphoria
  • You’ve lived under your acquired gender for two or more years and intend to for the rest of your life
 

Alternative route

Use form T464. This is for when your situation is a bit more complex, so the following must all be true:
  • You’re over 18
  • You’ve been diagnosed with gender dysphoria or began sex-change surgery
  • You predominantly live in England, Scotland, Wales, or Northern Ireland
  • You plan to live in your acquired gender for the rest of your life, and have done so for at least six years
  • You’re in, or have been in, a marriage or civil partnership
 

Overseas route

Use form T453 if:
  • You’re over 18
  • Your acquired gender has been recognised by an approved country
 

How much does a Gender Recognition Certificate cost?


You’ll need to pay a £140 fee when applying for a certificate – though you may get help if you’re on a low income.

When you get a medical report from your doctor, you will be charged. How much depends on who’s writing the report, with local GPs charging up to £50.

If you’re married and intend to stay married, your spouse needs to sign form T467; a statutory declaration agreeing to change the terms of the marriage, which costs a further £5 plus £2 for each required document you send in, such as your birth certificate.

Using a gender recognition solicitor to make sure you get it right first time will also incur a cost. This is usually a fixed fee or fixed fee with capped hours.
 

Do I need a Gender Recognition Certificate?


You don’t need to apply for a Gender Recognition Certificate. It’s completely optional, although eventually, you’ll likely want one as it means you’ll be legally recognised as your acquired gender and can then obtain a replacement birth certificate with your now-legal gender.

Even without a Gender Recognition Certificate, you can:
  • Change your name, title, and gender on records held by some organisations
  • Expect your employer and other organisations to respect your gender identity
 

Will my gender recognition affect my marriage or civil partnership?


Changing your gender is a very personal matter – but it can impact your spouse or civil partner.
Your Gender Recognition Certificate application must include a statutory declaration signed by your partner agreeing to change the terms from different-sex to same-sex marriage (or vice versa).

If your partner doesn’t consent, you’ll be issued with an interim Gender Recognition Certificate. This is valid for six months and doesn’t constitute legal recognition of your acquired gender – it’s designed to make it easier to annul or dissolve a marriage or civil partnership.

If supported by your partner, you’ll also use this interim certificate to convert a civil partnership into a marriage, after which, you’ll likely want to apply for a full certificate.

Any changes won’t affect your parental status for existing children.
 

Should I get legal advice on gender recognition?


Many believe that the current laws surrounding gender recognition are too complex. For that reason, it’s wise to seek the advice of a legal expert.

A solicitor will explain the process in simple terms, helping you get the correct documents and evidence, and correctly filling in forms.

If your application for a Gender Recognition Certificate, there’s currently no form of appeal band you’ll have to apply again, which is both costly and frustrating. Your solicitor can make sure you get it right first time.

Use our quick quote form to connect to trusted legal providers with gender recognition experience, so you can feel totally comfortable with the service they provide.
 
  

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