Gender Recognition Act 2004

Details

Document originally published by Parliament of the United Kingdom

Original Publication: July 2004

Full text at legislation.gov.uk

This Act of Parliament allows trans• Trans is an umbrella term used to describe people whose lives appear to conflict with the gender norms of society. Whether this is in their clothing, in presenting themselves or undergoing hormone treatment and surgery. Being trans does not imply any specific sexual orientation.
• Trans is an umbrella term that describes a wide range of people whose gender and/or gender expression differ from their assigned sex and/or the societal and cultural expectations of their assigned sex; includes people who are androgyne, agender, bigender, butch, CAFAB, CAMAB, cross-dresser, drag king, drag queen, femme, FTM, gender creative, gender fluid, gender non-conforming, genderqueer, gender variant, MTF, pangender, questioning, trans, trans man, trans woman, transfeminine, transgender, transmasucline, transsexual, and two-spirit.
people to apply for a full Gender Recognition• The legal recognition of an individuals acquired gender as the opposite of the sex assigned at birth.
• Usually once a person has begun the process of transitioning, pronouns that are appropriate to the gender towards which he or she is transitioning should be used.
Certificate (GRC) which changes their legal gender• However gender is far more complicated. It is the complex interrelationship between an individual’s sex (gender biology), one’s internal sense of self as male, female, both or neither (gender identity) as well as one’s outward presentations and behaviours (gender expression) related to that perception, including their gender role. Together, the intersection of these three dimensions produces one’s authentic sense of gender, both in how people experience their own gender as well as how others perceive it.
• Gender is expressed in terms of masculinity and femininity. It is largely culturally determined and is assigned at birth based on the sex of the individual. It affects how people perceive themselves and how they expect others to behave.
• Socially and culturally constructed roles, behaviours, expressions and identities of girls, women, boys, men, and trans people.
and provides them with a new birth certificate. There are a number of restrictions and requirements on the issuing of a full GRC, including that the trans• Trans is an umbrella term used to describe people whose lives appear to conflict with the gender norms of society. Whether this is in their clothing, in presenting themselves or undergoing hormone treatment and surgery. Being trans does not imply any specific sexual orientation.
• Trans is an umbrella term that describes a wide range of people whose gender and/or gender expression differ from their assigned sex and/or the societal and cultural expectations of their assigned sex; includes people who are androgyne, agender, bigender, butch, CAFAB, CAMAB, cross-dresser, drag king, drag queen, femme, FTM, gender creative, gender fluid, gender non-conforming, genderqueer, gender variant, MTF, pangender, questioning, trans, trans man, trans woman, transfeminine, transgender, transmasucline, transsexual, and two-spirit.
person by not married and not in a civil partnership. A married or civilly partnered person can only get an interim GRC which allows them to end their relationship and then obtain a full GRC.

Extract from Explanatory Notes

The purpose of the Gender Recognition• The legal recognition of an individuals acquired gender as the opposite of the sex assigned at birth.
• Usually once a person has begun the process of transitioning, pronouns that are appropriate to the gender towards which he or she is transitioning should be used.
Act is to provide transsexualThis is typically used to describe people who identify as transgender who are transitioning toward the gender with which they identify. This may include socially presenting (e.g., clothing, hair, mannerisms, overall gender expression) as the gender with which they identify, or it may include more extensive changes like taking hormones and/or surgical procedures to modify their body. people with legal recognition in their acquired gender• The gender role that a trans person achieves through the process of transition. It is the legal term in relation to the issuing of a Gender Recognition Certificate which gives a trans person full legal rights in this gender.
• The “gender” (when opposite to the sex assigned at birth) in which a person lives.
. Legal recognition will follow from the issue of a full gender recognition• The legal recognition of an individuals acquired gender as the opposite of the sex assigned at birth.
• Usually once a person has begun the process of transitioning, pronouns that are appropriate to the gender towards which he or she is transitioning should be used.
certificate by a Gender Recognition• The legal recognition of an individuals acquired gender as the opposite of the sex assigned at birth.
• Usually once a person has begun the process of transitioning, pronouns that are appropriate to the gender towards which he or she is transitioning should be used.
Panel. Before issuing a certificate, the Panel must be satisfied that the applicant –

• has, or has had, gender dysphoria• An anxiety, uncertainty or persistently uncomfortable feelings experienced by an individual about their assigned gender which is in conflict with their internal gender identity.
  • Gender dysphoria is a medical condition in which a person has been assigned one gender at birth but identifies as another gender, or does not conform to the gender role society ascribes to them. Gender dysphoria is not related to sexual orientation. Gender dysphoria has replaced gender identity disorder as the word disorder is seen as stigmatising.
  • A person with gender dysphoria can experience anxiety, uncertainty or persistently uncomfortable feelings about their gender assigned at birth. This dysphoria may lead to a fear of expressing their feelings or of rejection and in some cases deep anxiety or chronic depression. It is effectively treated using methods such as counselling, hormone replacement therapy, surgery or simply social transition.
  • Distress resulting from a difference between a person’s gender and the person’s assigned sex, associated gender role, and/or primary and secondary sex characteristics.
  ,
• has lived in the acquired gender• The gender role that a trans person achieves through the process of transition. It is the legal term in relation to the issuing of a Gender Recognition Certificate which gives a trans person full legal rights in this gender.
  • The “gender” (when opposite to the sex assigned at birth) in which a person lives.
  throughout the preceding two years, and
• intends to continue to live in the acquired gender• The gender role that a trans person achieves through the process of transition. It is the legal term in relation to the issuing of a Gender Recognition Certificate which gives a trans person full legal rights in this gender.
  • The “gender” (when opposite to the sex assigned at birth) in which a person lives.
  until death.

Where applicants have been recognised under the law of another country or territory as having changed gender• However gender is far more complicated. It is the complex interrelationship between an individual’s sex (gender biology), one’s internal sense of self as male, female, both or neither (gender identity) as well as one’s outward presentations and behaviours (gender expression) related to that perception, including their gender role. Together, the intersection of these three dimensions produces one’s authentic sense of gender, both in how people experience their own gender as well as how others perceive it.
• Gender is expressed in terms of masculinity and femininity. It is largely culturally determined and is assigned at birth based on the sex of the individual. It affects how people perceive themselves and how they expect others to behave.
• Socially and culturally constructed roles, behaviours, expressions and identities of girls, women, boys, men, and trans people.
, the Panel need only be satisfied that the country or territory in question has been approved by the Secretary of State.

In practical terms, legal recognition will have the effect that, for example, a male-to-female transsexual personA person who feels a consistent and overwhelming desire to transition and fulfil their life as a member of the opposite gender. Most transsexual people actively desire and complete gender reassignment surgery. The ratio of Female to Male (FTM) and Male to Female (MTF) transsexual people is in the region 1:3 – 1:4. will be legally recognised as a womanA human being who self-identifies as a woman, based on elements of importance to the individual, such as gender roles, behaviour, expression, identity, and/or physiology. in English law. On the issue of a full gender recognition• The legal recognition of an individuals acquired gender as the opposite of the sex assigned at birth.
• Usually once a person has begun the process of transitioning, pronouns that are appropriate to the gender towards which he or she is transitioning should be used.
certificate, the person will be entitled to a new birth certificate reflecting the acquired gender• The gender role that a trans person achieves through the process of transition. It is the legal term in relation to the issuing of a Gender Recognition Certificate which gives a trans person full legal rights in this gender.
• The “gender” (when opposite to the sex assigned at birth) in which a person lives.
(provided a UK birth register entry already exists for the person) and will be able to marry someone of the opposite gender• However gender is far more complicated. It is the complex interrelationship between an individual’s sex (gender biology), one’s internal sense of self as male, female, both or neither (gender identity) as well as one’s outward presentations and behaviours (gender expression) related to that perception, including their gender role. Together, the intersection of these three dimensions produces one’s authentic sense of gender, both in how people experience their own gender as well as how others perceive it.
• Gender is expressed in terms of masculinity and femininity. It is largely culturally determined and is assigned at birth based on the sex of the individual. It affects how people perceive themselves and how they expect others to behave.
• Socially and culturally constructed roles, behaviours, expressions and identities of girls, women, boys, men, and trans people.
to his or her acquired gender• The gender role that a trans person achieves through the process of transition. It is the legal term in relation to the issuing of a Gender Recognition Certificate which gives a trans person full legal rights in this gender.
• The “gender” (when opposite to the sex assigned at birth) in which a person lives.
.

Under the previous law, transsexualThis is typically used to describe people who identify as transgender who are transitioning toward the gender with which they identify. This may include socially presenting (e.g., clothing, hair, mannerisms, overall gender expression) as the gender with which they identify, or it may include more extensive changes like taking hormones and/or surgical procedures to modify their body. people were not recognised in their acquired gender• The gender role that a trans person achieves through the process of transition. It is the legal term in relation to the issuing of a Gender Recognition Certificate which gives a trans person full legal rights in this gender.
• The “gender” (when opposite to the sex assigned at birth) in which a person lives.
under the law of any part of the United Kingdom. Although transsexualThis is typically used to describe people who identify as transgender who are transitioning toward the gender with which they identify. This may include socially presenting (e.g., clothing, hair, mannerisms, overall gender expression) as the gender with which they identify, or it may include more extensive changes like taking hormones and/or surgical procedures to modify their body. people could obtain some official documents in their new name and gender• However gender is far more complicated. It is the complex interrelationship between an individual’s sex (gender biology), one’s internal sense of self as male, female, both or neither (gender identity) as well as one’s outward presentations and behaviours (gender expression) related to that perception, including their gender role. Together, the intersection of these three dimensions produces one’s authentic sense of gender, both in how people experience their own gender as well as how others perceive it.
• Gender is expressed in terms of masculinity and femininity. It is largely culturally determined and is assigned at birth based on the sex of the individual. It affects how people perceive themselves and how they expect others to behave.
• Socially and culturally constructed roles, behaviours, expressions and identities of girls, women, boys, men, and trans people.
, they could not obtain new birth certificates or enjoy any rights confined by law to people of the gender• However gender is far more complicated. It is the complex interrelationship between an individual’s sex (gender biology), one’s internal sense of self as male, female, both or neither (gender identity) as well as one’s outward presentations and behaviours (gender expression) related to that perception, including their gender role. Together, the intersection of these three dimensions produces one’s authentic sense of gender, both in how people experience their own gender as well as how others perceive it.
• Gender is expressed in terms of masculinity and femininity. It is largely culturally determined and is assigned at birth based on the sex of the individual. It affects how people perceive themselves and how they expect others to behave.
• Socially and culturally constructed roles, behaviours, expressions and identities of girls, women, boys, men, and trans people.
to which they feel they belong. For instance, they could not marry in their acquired gender• The gender role that a trans person achieves through the process of transition. It is the legal term in relation to the issuing of a Gender Recognition Certificate which gives a trans person full legal rights in this gender.
• The “gender” (when opposite to the sex assigned at birth) in which a person lives.
. These issues were first considered by an Interdepartmental Working Group convened in 1999. The Government announced its intention to bring forward legislation in this area on 13th December 2002. A draft Bill was published on 11th July 2003, and underwent pre-legislative scrutiny by the Joint Committee on Human Rights.

On 11th July 2002, the European Court of Human Rights delivered its judgements in the case of Goodwin v The United Kingdom and I v The United Kingdom (2002) 35 EHRR 18. The Court found that the UK had breached the Convention rights of these two transsexualThis is typically used to describe people who identify as transgender who are transitioning toward the gender with which they identify. This may include socially presenting (e.g., clothing, hair, mannerisms, overall gender expression) as the gender with which they identify, or it may include more extensive changes like taking hormones and/or surgical procedures to modify their body. people, under Articles 8 (the right to respect for private life) and 12 (the right to marry). The UK Government has a positive obligation under international law to secure the Convention rights and freedoms and must rectify these ongoing breaches.

On 10th April 2003, the House of Lords gave judgment in the case of Bellinger v Bellinger [2003] 2 All ER 593. Mrs. Bellinger, a male-to-female transsexual personA person who feels a consistent and overwhelming desire to transition and fulfil their life as a member of the opposite gender. Most transsexual people actively desire and complete gender reassignment surgery. The ratio of Female to Male (FTM) and Male to Female (MTF) transsexual people is in the region 1:3 – 1:4., was seeking legal recognition of her 1981 marriage to a manA human being who self-identifies as a man, based on elements of importance to the individual, such as gender roles, behaviour, expression, identity, and/or physiology.. Their Lordships were sympathetic to Mrs Bellinger’s plight but ruled that the marriage was void. They declared that section 11(c) of the Matrimonial Causes Act 1973 was incompatible with the Human Rights Act 1998. The result of this was that legislation was needed to enable transsexualThis is typically used to describe people who identify as transgender who are transitioning toward the gender with which they identify. This may include socially presenting (e.g., clothing, hair, mannerisms, overall gender expression) as the gender with which they identify, or it may include more extensive changes like taking hormones and/or surgical procedures to modify their body. people to marry in their new gender• However gender is far more complicated. It is the complex interrelationship between an individual’s sex (gender biology), one’s internal sense of self as male, female, both or neither (gender identity) as well as one’s outward presentations and behaviours (gender expression) related to that perception, including their gender role. Together, the intersection of these three dimensions produces one’s authentic sense of gender, both in how people experience their own gender as well as how others perceive it.
• Gender is expressed in terms of masculinity and femininity. It is largely culturally determined and is assigned at birth based on the sex of the individual. It affects how people perceive themselves and how they expect others to behave.
• Socially and culturally constructed roles, behaviours, expressions and identities of girls, women, boys, men, and trans people.
.

Source – http://uktrans.info/legislation/42-legislation/13-gender-recognition-act-2004