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We already have a forum thread about this but I thought I'd start another one just in case anyone was searching for information on how to go about this.
It is the legal right of any UK citizen over 18 to change their name at any time. There is nothing to stop you going by a different name as you choose, but you will need a change of name deed (usually referred to as a deed poll) for it to be recognised by banks, DVLA, passport agancy and so on. There is no charge to make a deed poll, no government body that does it for you, and no database on which your name change is registered or stored. (You may if you wish, pay to enroll your new name on the public record but this is entirely optional and really serves no purpose). Although there are online sites who unscrupulously charge for the "service" of creating a deed poll, it is something you can do yourself for free.
See this article from The Guardian:
http://www.theguardian.com/money/2013/jun/29/deed-poll-websites-avoid
"Many online companies will print their deed polls to look like certificates using watermarked paper, embossed with an official-looking seal. But these have no legal status and are not a necessary part of the legal process to change your name...
Furthermore, the Ministry of Justice does not regulate, monitor or approve any documents issued by online deed poll companies."
The above mentioned companies often try to fool you into thinking it must be done through them, with official-sounding names like, "The UK Deed Poll Service". I could start my own such company and do the same, but I'm not a charlatan. You can buy a plot of land on the moon or have a star named after you too, but don't be fooled; they're all crooks. No-one owns the moon, the stars, or your identity.
A change of name deed is simply a "contract with yourself", but it must be signed by a witness who is not a member of your immediate family. Make several "originals" and get your witness to sign each one; many companies will require sight of the orginal and will not accept a photocopy, always ask them to return it and provide a stamped, addressed envelope.
As soon as you have made your deed poll apply for a new driving licence and passport, it's a straightforward process, forms available from the post office, probably downloadable from the internet too. These will be invaluable in proving your identity to banks and other official bodies.
I'll add the legal wording and format of a UK deed poll in a separate post.
Enjoy your new identity!
xx
(Change of Name) Regulations 1994, Statutory Instrument 1994 No. 604.
''The Adult Deed Poll will enable those persons aged 16 or over to change their legal name by Deed Poll.
**people who have had or who are having gender reassignment may choose to change their gender title from Ms to Mr or vice versa. [in accordance with the UK gender Recognition Act 2004/05 as revised 2008}**'' this part the age limit is 18.
Lucy is right, many institutions, will not accept a photo copy, so print of as many copies as you think you will need, sign each one and get each one witnessed, then they are all deemed legally, original documents.
Note photo copies of signatures is not accepted, by the passport office, DLVA, DWP. and most banks. in some cases if your the recipient of an inheritance, land registry or shares portfolio, you may be required to swear an affidavit, in front of a commisioner of oaths, usally about £7 who will be the recordred witness and he will hold a record of said swearing.
Cristine, Shye said:
(Change of Name) Regulations 1994, Statutory Instrument 1994 No. 604.
''The Adult Deed Poll will enable those persons aged 16 or over to change their legal name by Deed Poll.
**people who have had or who are having gender reassignment may choose to change their gender title from Ms to Mr or vice versa. [in accordance with the UK gender Recognition Act 2004/05 as revised 2008}**'' this part the age limit is 18.
Lucy is right, many institutions, will not accept a photo copy, so print of as many copies as you think you will need, sign each one and get each one witnessed, then they are all deemed legally, original documents.
Note photo copies of signatures is not accepted, by the passport office, DLVA, DWP. and most banks. in some cases if your the recipient of an inheritance, land registry or shares portfolio, you may be required to swear an affidavit, in front of a commisioner of oaths, usally about £7 who will be the recorded witness and he will hold a record of said swearing.
I think you will find with a little more research that you can change your title! Trust! I've done it and applied for a passport, changed my banking details in person, informed my workplace, tax office and NHS records. Lol I've done.this.over the past month. It would go against current Equality law and Human rights act,to deny a transgendered person this. Transitioning is a protected characteristic and Since you no longer need medical supervision to claim rights as a person who is transitioning, you need no evidence nor even visible appearance suited to the title. What you can't do is claim to be female if a box asks you your sex, until you successfully apply for.a gender recognation certificate X
As Cristine said, "People who have had or who are having gender reassignment may choose to change their gender title..."
And in fact now you don't have to have had or be having gender reassignment; no dispute there, Andie. I did the same although I did get a letter from my gender clinic to aid my passoprt application (but that was before the GRA came into effect).
xx
I think if you read my post I mentioned the change of title which you reposted
**people who have had or who are having gender reassignment may choose to change their gender title from Ms to Mr or vice versa. [in accordance with the UK gender Recognition Act 2004/05 as revised 2008}**'' this part the age limit is 18.
Prior to the GRA coming into force, one could not change their gender on the passport, because it was linked to their birth certificate, one had a doctors letter to explain the change of name and the contradictoray gender marker.
Prior to the Corbet V Corbet (April Ashley) 1970 one could change their gender on their birth certificate, but during the a/m divorce the judge ruled . that because at the time of registration the gender marker on a birth certificate was a true fact, it could not be changed, the marriage was anulled, as being unlawful (The marriage was void ab initio) This also applied to passports regarding birth gender being a true fact at registration, Which set back trans rights some 35 years. In this forum there are case histories that brought about the advent of the GRA. We have come a long way, the UK has probably the most all encompassing gender rights act in the world.
Your post Andie ref anyone can change their gender marker even if they do not intend to transition, the wording in the GRA is ''for those intending, undergoing or have undergone transitioning, there have been a couple of cases taken to the European Courts of Human rights, where they ruled against the appelants, who were not undergoing medical supervised transition, in accordance with the UK GRA.
The European Human Rights Charter is not absolute where member states have their own Gender Recognition Acts, approved and accepted by the European Human rights commision, As long as those countries are adhering to their own acts. Some states in the EU require a person to be post op before a GRC can be issued. Althought italy is a member of the charter, Vatican City recognised as a seperate state, is exempt from enforcing any trans act. Churches throughout the Union are also exempt from being forced to recognise the act, based on religous belief.
If this government, takes us out of the Human Rights Charter, there will be no rights of appeal, speaking as a 3rd year law student, I cannot see Strasbourg, giving way on some parts of the act and not others, their attitude is you can't pick and choose. No tele's and no right to vote for prisoners will also result in a wider range of right of appeal on UK trans issues.
Deed of Change of Name
BY THIS DEED OF CHANGE OF NAME made by myself the undersigned [New Name] of [Your house number and street, your town] in the County of [Your county] formerly known as [Former Name], a British Citizen under section 37(1) of the British Nationality Act 1981
HEREBY DECLARE AS FOLLOWS:
I. I ABSOLUTELY and entirely renounce, relinquish and abandon the use of my said former name [Former Name] and assume, adopt and determine to take and use from the date hereof the name of [New Name] in substitution for my former name of [Former Name]
II. I SHALL AT ALL TIMES hereafter in all records, deeds documents and other writings and in all actions and proceedings as well as in all dealings and transactions and on all occasions whatsoever use and subscribe the said name of [New Name] as my name, in substitution for my former name of [Former Name] so relinquished as aforesaid to the intent that I may hereafter be called known or distinguished not by the former name of [Former Name] but by the name [New Name]
III. I AUTHORISE AND REQUIRE all persons at all times to designate, describe, and address me by the adopted name of [New Name]
IN WITNESS whereof I have hereunto subscribed my adopted and substituted name of [New Name] and also my said former name of [Former Name].
SIGNED AS A DEED THIS [Nth] DAY OF [Month] IN THE YEAR [year]
[Sign new name here]
by the above name
[New Name]
[Sign former name here]
by the above name
[Former Name]
Witnessed by:
[Witness signature here]
[Witness name]
[Witness address]
[Witness 2 signature here]
[Witness 2 name]
[Witness 2 address]
You need the above document to fit on one page, so using Word, format the last section (all the signatures) into 2 columns. So: New name and signature on the left, old name and signature on the right.
And below that: Witness 1 signature, name & address on the left, witness 2 signature, name & address on the right.
Some other formatting may not go amiss, you may need to change the margins to fit it on one page, also best to centre the heading, make it big and bold (Old English text MT is a good font to use for this). Unfortunately I'm not able to do all that here. I'd be happy to email a fully formatted Word document should anyone request it.
Two witnesses are optional, one should in fact suffice. Some recommend having two witnesses though I've never had any problem with only one on my deed poll. If you're only using one, delete the unused section for the second witness.
Delete ALL square brackets and their contents and replace with appropriate names, dates etc.
this is what I am referring to from GIRES Legal protection and good practice for gender variant, transsexual and transgender people in the workplace Guidelines for employers The Gender Recognition Act, 2004, enables those who have transitioned permanently to acquire a gender recognition certificate (GRC), confirming their new gender status ‘for all purposes’; the birth certificate is automatically renewed for those whose birth was originally registered in the UK. In these circumstances there are heightened privacy requirements for documentation or information that reveals a previous gender status. Those who have learned of the gender reassignment status in their ‘official capacity’ would commit a criminal act, if they divulged this information without the express permission of the individual concerned. Pre-existing marriages or civil partnerships must be annulled before a GRC is awarded. The lack of a GRC must not be used to disadvantage a trans person. Asking to see a GRC is nearly always inappropriate; it may be regarded as harassment, and negates one of its central purposes, that is, to provide privacy. Nor should a birth certificate be required. Identification can usually be provided by Passports or driving licences. fore being granted their GA GRC is not needed in order to change one’s name, pronouns, or gender of presentation at work. Trans people will typically have lived in their affirmed gender for at least 2 years beRC. Transitioning and continuing to work is, for many transsexual people, a requirement if genital surgery is sought. The Human Rights Act 1998 is implicit in all the above legislation. The Act requires transgender people to be treated with respect, dignity and fairness, and with regard for their need for privacy.
And can someone explain this from a deed poll site that is.recommended and accepted.by UK passport General name change information Advice for transsexuals If you are at the stage where you are ready to permanently live in your acquired gender, you will want to change your name. We provide a confidential service for transsexuals who wish to change their name by Deed Poll. Your Deed Poll document will enable you to get all your official documents and records changed to your new name including your passport, driving licence, bank account and medical records etc. Furthermore, we can also change your title when we change your name. For example, if you are a male-to-female transsexual, it is perfectly legal for you to change your title to Miss, Ms or Mrs when you change your name. The Deed Poll process is the preferred choice for transsexuals who wish to change their legal name and title. Unlike a Statutory Declaration, which needs to be sworn before a Commission for Oaths or Justice of the Peace, the Deed Poll document we post to you simply needs to signed in the presence of an independent witness such as a friend. This can be done in the privacy of your home, which most people prefer to having to make an appointment and visit a firm of solicitors to have a Statutory Declaration sworn. It is important to bear in mind that changing your name and title does not change your gender. (regarding the marriage act and pension entitlement and revised birth certificates) This can only be achieved by obtaining a Gender Recognition Certificate from the Gender Recognition Panel (opens new window). However, as you are probably aware, changing your name and title is part of the required process of demonstrating to the Gender Recognition Panel that you are permanently living in your acquired gender
Cristine Shye added in relation to all other laws, The Criminal and evidence Act, Discrimination Act, Employment and equal oportunities Act it is unlawful to transgess agains the said rights of transexual people ie, gender marker.
Andie, no-one is disagreeing with you.
Just to clarify the comments made by the deed poll site in your post above:
The fact is that the UK passport agency will accept a deed poll for a change of name. It does not have to be provided by an online company who will simply create a similar document as the one I've posted above, basically filling in all the bits in square brackets on your behalf. You can pay them to do this, or you can do it yourself, either way the passport agency will accept it. A deed poll is a legal document, recognised by all institutions in this country, it is no "less" legal if you create the deed poll yourself. Please read the link to the Guardian article if this is not clear.
And yes, as you say, anyone can change their title. A deed poll is not necessary for this per se, though no-one is likely to take you seriously if you ask them to call you Miss Jonathon Blokeman.
A deed poll is in fact just a change of name document, as you can see from the wording above, there is no mention of titles. Once you have changed your name legally, your new title will be assumed; anyone has the right to be referred to in the gender which they choose.
So yes you can change your title, and your employees and everyone else must respect that, otherwise they are breaking the law.
The process of assuming a new gender is actually pretty easy in this country.
xx
Just going to add a bit more to that, sorry...
"Furthermore, we can also change your title when we change your name. For example, if you are a male-to-female transsexual, it is perfectly legal for you to change your title to Miss, Ms or Mrs when you change your name."
This is misleading; firstly, they don't change your name - you do that yourself, such is the nature of a deed poll. As I've said it's a contract with yourself. They only provide the wording for your deed, which you must sign and get witnessed, only then does it become legal and only you, and your witness, can do that.
Nor do they "change your title". In fact they go on to contradict themselves by correctly stating that "it is perfectly legal for you to change your title to Miss, Ms or Mrs when you change your name."
In short, they are not doing anything for you that I haven't already done in this thread (other than filling in the blanks from the details you provide). There are several companies out there who claim they are "officially recognised" in some way; they are not. Their deed polls are accepted by the likes of the passport agency because a deed poll is a legal document and as such it has to be accepted. What none of these companies tell you is that there is absolutely no need to pay anyone to do this!
A deed poll is a deed poll. Copy the wording in the one above, print it, sign it, you have legally changed your name.
Or pay some charlatan 50 quid to do something you can do yourself.
xx
Lucy Diamond said:Andie, no-one is disagreeing with you.
Just to clarify the comments made by the deed poll site in your post above:
The fact is that the UK passport agency will accept a deed poll for a change of name. It does not have to be provided by an online company who will simply create a similar document as the one I've posted above, basically filling in all the bits in square brackets on your behalf. You can pay them to do this, or you can do it yourself, either way the passport agency will accept it. A deed poll is a legal document, recognised by all institutions in this country, it is no "less" legal if you create the deed poll yourself. Please read the link to the Guardian article if this is not clear.
And yes, as you say, anyone can change their title. A deed poll is not necessary for this per se, though no-one is likely to take you seriously if you ask them to call you Miss Jonathon Blokeman.
A deed poll is in fact just a change of name document, as you can see from the wording above, there is no mention of titles. Once you have changed your name legally, your new title will be assumed; anyone has the right to be referred to in the gender which they choose.
So yes you can change your title, and your employees and everyone else must respect that, otherwise they are breaking the law.
The process of assuming a new gender is actually pretty easy in this country.
xx
I'm not saying that at all Andie, I was just making the point that anyone has the right to change their title, but, hypothetically, if a man were to change his title to Miss but keep the same male name it wouldn't make much sense to people, and financial and other official institutions would probably question it.
But that's not you, what you have done is perfectly legitimate. And your employer must take you seriously, as must everyone else thanks to the Gender Recognition Act.
Early transition can be a difficult time, some people, especially those who know you well may have difficulties adjusting to your new status. But adjust they must.
You have done nothing wrong Andie, I never once suggested you had. Your deed poll is legitimate and you are entitled to call yourself Miss. I have no issue with that.
I'm just trying to help others to understand the process.
xx
Cristine, Shye said:Your post Andie ref anyone can change their gender marker even if they do not intend to transition, the wording in the GRA is ''for those intending, undergoing or have undergone transitioning, there have been a couple of cases taken to the European Courts of Human rights, where they ruled against the appelants, who were not undergoing medical supervised transition, in accordance with the UK GRA.
the wording in the GRA is ''for those intending, undergoing or have undergone transitioning, other relevant sections refer to changing your gender marker on documents, ideally you would have a letter of referal from a doctor confirming this change is to be permanant in the case of passport and driving licence.
Your not reading what I have written ****people who have had or who are having gender reassignment may choose to change their gender title from Ms to Mr or vice versa. [in accordance with the UK gender Recognition Act 2004/05 as revised 2008}**'' this part the age limit is 18.****
You will need a GRC as it realted to pension entitlement women in relation to your ammended birth certificate DOB, but a GRC is not required to change your NI number , thats a rather confusing issue in that your records will have F on them, but as far as pensions go as far as I'm aware,at the moment it won't qualify you for a pension at the earlier age. but there is a move to equate the age in equality for pension rights. so if that bill is passed it becomes irrelevant.
I qouted from the GRA as revised, in relationship to passports, medical documents, you have to substantiate that your transitioning before you can change your gender marker on some documents, You have to refer to the requirements under the medical supervisions act, the passport act, the marriage act. the GRA is not all encompassing and is linked to various other acts. One does not in this country have to have a GRC to change other related documents which is a basic requirement of the act, for RLE but excludes birth certificates, which you can get a new one issued on reciept of the GRC changing your name and gender marker. Birth certificates are something else because the were a true fact at the time of registration, hence the requirement for a GRC. there is no requirement in the UK to undergo 'corrective surgery.
With reference to the marriage act, there is a bill before parliament, to introduce a continuance, agreement, so married couples can stay in an existing marriage if they whish to do so,
There must be conditions, otherwise people could be changing their gender marker every other day.
Don't put too much faith in the European Human Rights Charter, member countries have variations of a gender recognition act, for instance Italy and France a couple of other member states, you have to undergo a sterilisation procedure before you can obtain a gender change recognition certificate. In my view that is contrary to various sections of the EHRC,enforced medical procedures. but all the member states that have such an act have had their individual acts ratified by the Human rights commisioner in Strasbourg. which is rather conflicting. the commsion tends to let individual members countires manage their own acts only when there is an infringement of that countries act can you appeal to the commission. it would seem not if the act of that country conflicts with the EHRC as is the case with France and Italy.
I'm in my 3rd year studying law, specialising in the UK gender recognition act and the relevant section of the EHRC ralating to trans issues. My mentor is a proffesor at law, that helped to draft the original 2004 GRA for the UK.+
Just to prove the variations of individual Member states, trans related laws or Gender Recognition Acts .
Southern Ireland has no GRA.
Various others states, insist that Trans women must be steralised before they can be officially recognised in their new gender.
Some states insist that applicants for recognition must undergo Gender reasignment surgery, so to claim that the EHRC is all encompacing is a misnomer, and relies upon each individual country member following their own laws.
http://tgeu.org/wp-content/uploads/2015/05/Trans-map-Side_A_Map-2015.pdf
2014 There were 734 cases refered back to appelants countries to conform to that countries, lawful requirements.
Andie
GIRES is a trans related charity organisation, who push for repeals and changes in the law a very worthwhile organisation, but they do not make the laws. a lot of what they post is desires, to government that existing laws be ammended or clarified.
Your posts are somewhat contradictory, you posted '' what I never realised is that you can also change your title as.well, to anything you choose as long as it dosent represent qualification’s.'' X
Then further down you post been there and done that?
As for ticking boxes female or male, if your a serious person who is transitioning, regard yourself as female, your entitled to, its your right under the act to tick the box female. Do not confuse changing your name with changing your gender marker, You can change you name as often as you want, each time adding the previous name and the new name, that is a basic right of anyone under UK law, regardless of the gender recognition act, change of gender marker, which even without a GRC your entitled to do, but when you change your gender marker with DWP, NH records and the passport office, you undertake that the change is permanant, ipso facto your a person who intends to remain in your new gender.
Awe Hugs Andie, yes you can change your gender marker on your passport, idealy get a letter from your doctor, not necessary if you have already changed the gender marker on your deed poll, I have written letters for people who have been having difficulties with authorities over changing their gender status, a couple have recieved apologies and a lot of groveling lol, with the threat of legal action. With medical records, you just give your doctor a written request. thats then forwarded on to the central records office,
People are most welcome here, people like you, I personally don't need anything from this site, I am just here to help people like me and you that went through confusion at the begining and help people avoid some of the mistakes I made.
If you look at some of my other threads in this forum. passports etc. you will get some idea how to go about things. as I said above, some Government bodies will comply with the requirements of the act on the understanding that a gender change is permanant in line with the requiremenys of the GRA, so basically although its not your written promise you are making an undertaking the the change is permanent.
typical example of a problem, sorted http://gendersociety.com/forums/topic/9200/home-page-item-saved
http://gendersociety.com/forums/topic/9266/gs-member-having-a-hard-time-wit
if you need to know anything specific just ask
loadsa love Cristine
A Deed Poll for a change of name contains three declarations and by executing the Deed Poll (signing, dating and having your signing witnessed) you are legally committing yourself to:
Abandoning the use of your former name;
Using your new name only at all times;
Requiring all persons to address you by your new name only and most important to use/address you by any revised gender marker.
.
Changing records
The change of name and gender on all records is a central part of the
gender reassignment process. This will include for example council tax,
benefits, voter registration or housing records.
Research for the Equalities Review found that many trans people
experienced difficulties when requesting changes of details on records.
Many authorities have no set procedure for making changes and/or
staff lack the appropriate knowledge regarding what changes can
lawfully be made.
Good practice is for public authorities to change name, title and gender
on first request from a service user who simply provides a formal change
of name document such as a deed poll or a statutory declaration.
Trans service users do not have to present any evidence of any
medical treatment nor a Gender Recognition Certificate to request
for this to be done.
The original thread which goes on to explain the history of deed polls. some other trivia, which some people might find interesting http://gendersociety.com/forums/topic/7656/-/view/post_id/51617
3.5 Passports
The Passports Act 2008, section 11, offers an important avenue for recognition of the acquired gender of a transsexual person. For this purpose, a person who is transsexual may seek a passport in their new name and have their new sex entered therein. This does not confer any right or entitlement not connected with the purposes of the Passports Act. For instance, it would not alter the legal gender of the person for the purpose of marriage law or entitle one to a reissued birth certificate noting the acquired gender. which is a consideration for The Gender Recognition Panel.
You have to read and have knowledge of all the associated and relevant acts that are applicable and linked to the GRA. an ammendment to the EHRC does not overide these other acts until those actual acts are also ammended or revised.
Perhaps your confusing title with name, title = Sex/gender marker = Lord, Lady Miss, Miz. Mrs. Master Mister.
Interesting trivia an abnomily in the GRA, if a person is listed on the list of Kighthoods, Lord or Lady, they can change their gender marker on all documents, but they cannot absolve themselves from being called my Lord or My Lady, and there are no facilities for changing the registration. So rather ludicrous that a transgender person appearing in the house of lords in a smart two piece skirt and heels, could still be legally addressed as my lord. BUT if you are in possesion of ypour GR certificate prior to being knighted you would be registered in your new gender and it would be illegal to address anyone lord or lady in the wrong gender. Stupid init.
Another trivial point, What about parents of children and the childs birth certificates? the registration gender marker or names of father mother cannot be changed,
"Trans patients have a legal right to change their name and gender on their NHS and NI records and would be able to bring a civil claim against any GP or practice which refused to accede to their request".
"The process is as follows:
" the patient informs the GP, or directly informs the PCT, that they are transitioning and that in future they would be known by their new name and gender. They can write a "Statutory Declaration", they may have a deed poll document, or they may simply make a request. This request should be in writing, signed by the patient;
" the GP writes to the Registration Office at the PCT. The GP may write a letter of support confirming the gender role change and * that this change is intended to be permanent, but this is not a requirement; but the person applying is making an undertaking that the change is permanent
" the Registration Office then writes to the Personal Demographics' Service National Back Office. The National Back Office will create a new identity with a new NHS number and requests the records held by the patient's GP to have the gender marker altered accordingly..
*Same aplies to passports, so effectively you are transitioning, changing your gender.
Applications for gender recognition certificate
1 Applications
(1) A person of either gender who is aged at least 18 may make an application for a gender recognition certificate on the basis of—
(2) In this Act “the acquired gender”, in relation to a person by whom an application under subsection (1) is or has been made, means—
(a) in the case of an application under paragraph (a) of that subsection, the gender in which the person is living, or
(b) in the case of an application under paragraph (b) of that subsection, the gender to which the person has changed under the law of the country or territory concerned.
(1) In the case of an application under section 1(1)(a), the Panel must grant the application if satisfied that the applicant—
(a) has or has had gender dysphoria,
(b) has lived in the acquired gender throughout the period of two years ending with the date on which the application is made,
(c) intends to continue to live in the acquired gender until death, and
(d) complies with the requirements imposed by and under section 3.
This does not detract from your right to change your gender marker on all other documents, which is a basic requirement to do, as soon as you start the process, it is a requirement to obtain the final Recognition certificate.
When a Gender Recognition Cerificate (GRC) is awarded, it becomes a criminal offence to reveal the owner's transgender history. At present the fine is £5000. It is the individual who reveals the name, not the organisation for which they work, who will face charges. There are no exemptions for journalism as there are with the Data Protection Act. Section 22 of the Gender Recognition Act was created with an "expectation of privacy" in mind.
It is important for a transgender person to be able to wipe the slate clean, to live a life free from persecution. Provided they have no outstanding debts, their credit history will be erased. They will be entitled to a new passport and driving licence. There is even a fresh birth certificate to help them through life. All of this is to no avail if their previous and current name are linked on a website. When this happens, such a person has no choice but to change their name again if they want the privacy to which they are entitled.
Whilst the legal position is not cut-and-dried, it is heavily weighted in favour of the transgender person. Even colleagues discussing a post-transitional person may be in breach of this law. Even before the award of a GRC, charges of harassment may be applied if the person is reported about on separate occasions using their previous name. Any article remaining on the internet following the award of a GRC may expose its author and editor to risk of prosecution.
The award of a GRC is never publicly announced, of course. There have been no high-profile prosecutions under Section 22 but that situation is unlikely to last. It is best to respect the terms of the person's deed poll and refer to them by their chosen name only.
I have been tryin g to contatc Lucy Diamond for a formatted copy of the Deed Poll form.
If you can see this Lucy Diamond
can you email one to
Thanks
Lucy has given the example above. just copy and paste and edit out the dots and put the information in then save it and print as many copies as you need.
Hi Nicola,
Yes no problem I will dig it out for you now and email it. Although the wording above is correct and perfectly legal as it is laid out, the formatted version on Word does kind of look better.
As I said above, you only really need one witness, so delete the entire section for the second witness if you are not using one.
Any questions just give me a shout.
xx
I am greadually going thru my long list of people who need to know about my change of name. All my friends know and have no problems at all. Doctor no problem at all. Coventry BS no problem. HSBC they have gone oput of their way to be awkward... so I am doing it the easy way. I am changing banks ... Nat West were great and were very understanding. So don't bother going to the HSBC to change your name... change banks... pass it on please
I'm sure I've heard that before on this forum, that HSBC have been awkward about gender change. The overwhelming advice was to change banks - well done Nichola! Perhaps they need to change their procedures.
I'm with Natwest too and they were no problem, sent them the deed poll, sorted. A few weeks later they accepted a cheque made out to me in my old name, in branch, together with my deed poll.
xx
yes I had the deed poll form ... the lady said it had to have a serial number , a watermark and an official stamp... I advised here it did not... it was perfectly legal declaration. One I have transferred my money out ... I will withdraw £5 and then send then a cheque made for for £5 written on an old pair of knickers... which is course legal tender... I can play silly buggers as well as them.
Correct me if I'm wrong Cristine, but no legal document needs to have a serial number, watermark and official stamp. The various online companies out there charging what they want to provide you with the wording for a deed poll may add their own numbers or stamps, but they are meaningless in legal terms, just there to make their documents look pretty, and in the case of serial numbers to provide them with a reference should you ask for another copy in the future.
Any solicitor will tell you that a deed poll that you have printed out yourself is perfectly legal and should therefore be accepted by all institutions.
Instead of the cheque on an old pair of knickers, I'd write them a brief letter explaining the mistake made by the woman you dealt with. Her error has caused them to lose a valued customer; Natwest know the correct procedure for name change and HSBC ought to as well. Perhaps they could use this unfortunate incident to educate their staff so they don't lose more customers in the future, or cause unnecessary grief to those of us going through an already difficult process.
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The bank is wrong, it is everyones right over the age of 16 to change their name, and 18 to change their gender on their documents. If they are making changes in respect of passport and medical documents.. there is an undertaking the change is permanent.
To change your name and gender legally ie. birth certificates regarding a GRC you will need to swear an affidavit, which will be stamped and witnessed by a commisoner of oaths. that will then confer other rights regarding the marriage act and status in a marriageand pension intitlement. there is no requirement for serial numbers or so called official stamps on a deed poll.. I will draft a letter if you like similar to the ones I did for the council for Maggie and another couple regarding doctors.
Regardless of ''Bank Policy'' its illegal, to demand otherwise. Regarding cheques ''A promisary note'', as long as they show the bank details, account number and name as shown on the bank records, you can write them on anything. legally you do not have to pay for a cheque book.
http://www.gires.org.uk/elearning/3/player.html a good guide based on questions and answers on how service providers should handle trans people when changing their details.
After watching the lady in HSBC tear the form up into little pieces I would not waste a stamp on HSBC. I will steer well clear of them in the future and I would suggest everyone else does as well.
For the price of a stamp, just enivisage the consternation in the bank, a flagrant breach of common law, not exactly a death penalty offence, but perhaps a series of costly seminars to educate the stupid ignorant morons.
Print of some A4 posters, ..PLEASE NOTE, WE DO NOT CATER FOR THE TRANSGENDERED
Include them with the letter and explain they were sent for them to display in the bank.
Just to confirm all has gone well with my transfer of banking to Nat West. If I had access to a printer for free I would print off some posters for them to display or I may just print off one and wlk in and post it up when they are busy.
Following on from recent expoeriences, HMRC, Council Tax, electoral roll, bus pass, utilites, store cards, credit cards and Sky all went without a hitch. Vodafone seems to be unable to change names (I think the computer says no...I have left it with them to sort out). Pet insurance was not easy... I had to transfer my dog to myself before they could change the name on the policy. I have yet to sort out car insurance ( due January) Driving Licence due for renewal next year anyway or Passport (can't afford to pay at the moment) what experience have others had with them?
Nichola
I find most posts pussy footing around the edges of issues , one being quite a sensative issues. When a trans person starts on their voyage it always starts with the Doctors first .
Usually opinionated missinformed Practice managers make a hash up based on their own beliefs rather than fact and legislation at that time .
There are strict guidelines a copy of which i have attached for anyone who needs help with this, dont take any crap from these people, the best thing to do is print off a copy when you go in.
There is also no need for a Deed Pole for this, a letter from you is sufficient , any argument against this will be a direct breech to their responsibility under Law and would suggest a hard approach, not one that so many recommend, THE GENTLY SLOWLY CATCHY MONKEY APPROACH" as while we all look soft we will be treated same , the problem i believe is so many organisations telling us not to cause trouble, where as that is what you are pricesly meant to do, otherwise it will be just as worse for the next , and they will never learn
The NHS Primary Care will then send of to the back office who will in turn issue you with a new NHS number with your new details , please do not allow them to mess you around , for me there were so many combinations , a draft application for court action sent to them soon sat them upright and to attention .
Dont worry , if you are going to be victimised this wont make any difference to what happens in the future, in fact i do believe you will gain more respect .
If not , report your Doctor for refusing to comply with Public Secotr Duty especially under article 149 to the GMC, as doctors in the uk are now bound by Public Sector Duty, the Hippocratic Oath now obsolete and has been since the Equality Act 2010 was enforced in March 2010 , the GMC guidelines for fitness to practise now is based on Public Sector Duty
Anyway i hope this Document helps in ways, and please dont take any crap from anyone , you have rights USE THEM !
Just for the record I have not attempted to change my gender records with any institution or government body. It is irrelevant anyway to me at the moment. I had no trouble with the NHS and they simply changed it on their computer when I called in, The electiral roll was easy as well and I will be entitled to vote under my chosen name from 1st December. The DWP were easy as well I rung them up and they changed my name and bank account details there and then but did state it may a few weeks for all government computers to be amended. I have since had confirmation that this has now been done. So If I do any work part tiem or full time my NI number will show me as Nichola Jane Lamkin. I have just written off the HSBC as a waste of space. Still do is my car insurance thats with the AA and they already know I have changed my name so I am anticipating it will be a mere formality when I go to renew next January. My driving licence is due for renewal anyway next year I am not sure what information they will require from me yet. My passport I am leaving till last , I do not know how fussy they will be and what they will require.
One related question I need to ask is back to old subject of loos. I have since I changed my name used the Ladies. I have never been challenged whether it is busy or not. The Ladies at Brent Cross was like Clapham Jn and was huge. No one challenged me and I spent a few minutes washing my hands and face and touching up my make up after using the loo. Have I been just lucky or is that the case now? When I was at Watford Pride two security offciers were chatting to be by the beer stand and the male officer asked me whether I used the Ladies, I replied in the affirmative and he nodded in approval the female offcier said 'but then you have a pass don't you?' I replied no and she looked a bit confused. Do these passes exist and how do I obtain one just in case of trouble? I don't want to be thought of a pervert.
Nichola
You don't need a pass to go to the toilet! There is no such thing.
You can't be discriminated against for using the bathroom of your chosen gender, so don't feel intimidated if you should get any disapproving looks. I find a smile on your face goes a long way to helping people realise that you are ok and have a right to be there.
The driving licence is no problem, just get a renewal form and a new photo and send it in along with your deed poll, just tick the box marked female and they won't question it. You don't have to provide any formal proof to anyone that your are now female, you just have to tell them to change your title to miss or ms along with your new name.
There really is no need for any institution to address their correspondance to Mr Nichola Lamkin
The only exception regarding change of title may be the passport office who may require a letter from your GP or gender clinic confirming your intention to change gender. Wouldn't hurt to carry this letter around with you if you're still nervous about going into public toilets or changing-rooms or whatever, but I'd be surprised if you ever needed to produce it.
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I am not nervous about using the ladies .... in fact I feel safer that using some of the mens loos... they have also been cleaner and better. I always try and be confident and smile. I was just worried in case any jumped up jobsworth of a security person challenges me. I will try and locate and then scan the letter I have had from my GP. let me know if you think the passport offcie will OK with this please.
You do not need a letter from your doctor to now change the details on your passport, the doctor is not obliged to give you one free of charge, but most doctors if you were refered by them to a GIC will give you a letter. The only consideration under the revisions of the passport act is that you are making an undertaking the change is permamanent and the change should be free of charge if your passport is still valid this apllies to driving licence and medical documents, enclose an original copy of your name change deed poll.
3.5 Passports
The Passports Act 2008, section 11, offers an important avenue for recognition of the acquired gender of a transsexual person. For this purpose, a person who is transsexual may seek a passport in their new name and have their new sex entered therein. This does not confer any right or entitlement not connected with the purposes of the Passports Act. For instance, it would not alter the legal gender of the person for the purpose of marriage law.
Again the Gender Recognition Act is not complete in its entirety and needs to refer to other acts of parliments and judicial precedents that have evolved since the last update of the Gender Recognition Act.
I will contact them next week and see if they will re-issue it for me FOC. I will post the results. I may even try on line later beteeen the 2 episode of Coronation St.
Now the onformation on the Passport site differs from what you are telling me
here are the relevant parts from their web site
'7. Changing your gender
Send one of the following with your passport application and supporting documents:
a letter from your doctor or medical consultant confirming that your change of gender is likely to be permanent, and evidence of your change of name, eg a deed poll
a gender recognition certificate
a new birth or adoption certificate showing your acquired gender
Sign your form using your new name.'
My gender clinic wrote me the letter free of charge, it was just a couple of lines, I'm sure your GP would do the same.
If you already have a doctor's letter stating your intention to transition then that should do. Feel free to share it with us if you're not sure.
If you don't already have a GRC I'm pretty sure the passort office are going to insist on this.
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