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Gender recognition Panel

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  • Applications for gender recognition certificate

    Preamble
    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—
    (a) living in the other gender, or
    (b) having changed gender under the law of a country or territory outside the United Kingdom.
    (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.
    (3) An application under subsection (1) is to be determined by a Gender Recognition Panel.
    (4) Schedule 1 (Gender Recognition Panels) has effect.
    2 Determination of applications
    (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.
    (2) In the case of an application under section 1(1)(b), the Panel must grant the application if satisfied—
    (a) that the country or territory under the law of which the applicant has changed gender is an approved country or territory, and
    (b) that the applicant complies with the requirements imposed by and under section 3.
    (3) The Panel must reject an application under section 1(1) if not required by subsection (1) or (2) to grant it.
    (4) In this Act “approved country or territory” means a country or territory prescribed by order made by the Secretary of State after consulting the Scottish Ministers and the Department of Finance and Personnel in Northern Ireland.
    3 Evidence
    (1) An application under section 1(1)(a) must include either—
    (a) a report made by a registered medical practitioner practising in the field of gender dysphoria and a report made by another registered medical practitioner (who may, but need not, practise in that field), or
    (b) a report made by a chartered psychologist practising in that field and a report made by a registered medical practitioner (who may, but need not, practise in that field).
    (2) But subsection (1) is not complied with unless a report required by that subsection and made by—
    (a) a registered medical practitioner, or
    (b) a chartered psychologist,
    practising in the field of gender dysphoria includes details of the diagnosis of the applicant’s gender dysphoria.
    (3) And subsection (1) is not complied with in a case where—
    (a) the applicant has undergone or is undergoing treatment for the purpose of modifying sexual characteristics, or
    (b) treatment for that purpose has been prescribed or planned for the applicant,
    unless at least one of the reports required by that subsection includes details of it.
    (4) An application under section 1(1)(a) must also include a statutory declaration by the applicant that the applicant meets the conditions in section 2(1)(b) and (c).
    (5) An application under section 1(1)(b) must include evidence that the applicant has changed gender under the law of an approved country or territory.
    (6) Any application under section 1(1) must include—
    (a) a statutory declaration as to whether or not the applicant is married,
    (b) any other information or evidence required by an order made by the Secretary of State, and
    (c) any other information or evidence which the Panel which is to determine the application may require,
    and may include any other information or evidence which the applicant wishes to include.
    (7) The Secretary of State may not make an order under subsection (6)(b) without consulting the Scottish Ministers and the Department of Finance and Personnel in Northern Ireland.
    (8) If the Panel which is to determine the application requires information or evidence under subsection (6)(c) it must give reasons for doing so.
    4 Successful applications
    (1) If a Gender Recognition Panel grants an application under section 1(1) it must issue a gender recognition certificate to the applicant.
    (2) Unless the applicant is married, the certificate is to be a full gender recognition certificate.
    (3) If the applicant is married, the certificate is to be an interim gender recognition certificate.
    (4) Schedule 2 (annulment or dissolution of marriage after issue of interim gender recognition certificate) has effect.
    (5) The Secretary of State may, after consulting the Scottish Ministers and the Department of Finance and Personnel in Northern Ireland, specify the content and form of gender recognition certificates.
    5 Subsequent issue of full certificates
    (1) A court which—
    (a) makes absolute a decree of nullity granted on the ground that an interim gender recognition certificate has been issued to a party to the marriage, or
    (b) (in Scotland) grants a decree of divorce on that ground,
    must, on doing so, issue a full gender recognition certificate to that party and send a copy to the Secretary of State.
    (2) If an interim gender recognition certificate has been issued to a person and either—
    (a) the person’s marriage is dissolved or annulled (otherwise than on the ground mentioned in subsection (1)) in proceedings instituted during the period of six months beginning with the day on which it was issued, or
    (b) the person’s spouse dies within that period,
    the person may make an application for a full gender recognition certificate at any time within the period specified in subsection (3) (unless the person is again married).
    (3) That period is the period of six months beginning with the day on which the marriage is dissolved or annulled or the death occurs.
    (4) An application under subsection (2) must include evidence of the dissolution or annulment of the marriage and the date on which proceedings for it were instituted, or of the death of the spouse and the date on which it occurred.
    (5) An application under subsection (2) is to be determined by a Gender Recognition Panel.
    (6) The Panel—
    (a) must grant the application if satisfied that the applicant is not married, and
    (b) otherwise must reject it.
    (7) If the Panel grants the application it must issue a full gender recognition certificate to the applicant.

    To be continued. results on existing marriages, future marriages, pension rights and explanations

    Cristine Jennifer Shye.  B/L.  B/Acc
      July 7, 2010 4:05 PM BST
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  • Some Anomilies

    As far as I can establish the following anomilies, whilst being logical do not change.

    Parenthood, (1) The granting of a gender recognition certificate does not alter the gender discriptive of the parent, ie. a father will always be refered to as:- the father regarding the legal reference to the children of a relationship.
    Which seems obvious as it would mean altering information on the childs birth certificate which was correct at the time and will always be so. a fact in law.

    Pererages (2) A preerage, A male, honoured with a peerage, A lord, will always be listed in the register of peers as such. even subsequent to being granted a Gender Recognition Certificate.
    Cristine Jennifer Shye.  B/L.  B/Acc
      July 7, 2010 4:30 PM BST
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  • One unforeseen problem with the GRA is that of the possibility of a person having assumed a different name many years prior to seeking a GRC.
    I changed my name when I was a teenager and then when I started transition I changed to RW but when I applied for my GRC it was refused until I provided my original name with the result that I didn't get my GRC until after first appointmnet at gender clinic.
    But as the UK law allows anyone to change names without any official notification then logically the GRC Panel were wrong to refuse to provide my GRC until they saw my original brith certificate.
    The fact they needed my birth cert in order to issue a new one is related to the GRC but the GRC should not depend on providing original BC.
    I have asked my lawyer to determine the legality of this apparently simple conundrum.
      July 8, 2010 7:18 AM BST
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  • Hiya Rose.

    The regulations regarding changing names, ie by deed poll and changing ones original birth certificate, a recorded fact true at the time of birth are different, don't forget that basically your changing the gender as registered on your birth certificate as well. also a a true representation of a recorded fact which was true at the time of birth. There are stipulations within both the laws of deed polls and the law regarding a gender recognition certificate that include a minor, and adoption. Basically by deed poll you can change your name to anything and keep changing it, but, you have to supply the paper trail of each change if required to do so.

    Hugs.
    Cristine Jennifer Shye.  B/L.  B/Acc
      July 8, 2010 10:00 AM BST
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  • Hiya,
    Would I be right in understanding that the GRC requires the individual to live a minimum of 2 years in their chosen gender?

    Also, I was informed the other day, in addition to living 2 years in their chosen gender, one should also have a minimum of 1 year paid employment or volunteer for charity a minimum of 2 days a week for one year, all of which in the chosen gender.

    Crissie, Maybe you could help clarify the answers to these questions. The info you post is really good and nice but its a bit heavy reading for simple folk like me! :)

    Much Love
    Penny
    x
    Just an ordinary girl finding her way in this strange life. - What will it take to get everyone to realise that everyone else is also a human being that deserves just as much respect? - How does someone tell their doctor they have hippopotomonstrosesquippedaliophobia? - When I was a student I specialised in Alcopology. It always starts with Alco and always ends with pology. - Waiter! There's a hare in my rabbit pie!
      July 8, 2010 4:48 PM BST
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  • Hiya Penny, thankyou for your questions.

    The two year RLE period is what is defined within the act. I am currently waiting for clarification of when that two year period of RLE begins. The way I read it, it could be from the time you change your documentation name and gender and start living the life. Some would say it is from the time of diagnosis and referal from a recognised gender councellor to progress for treatment, I would recommend keeping a diary of events relating to transitioning, listing the names of doctors and people who are aware of your progress. Knowing how long it might take to get a diagnosis and referal for treatments needed, Perhaps six months, it might be argued that your RLE start date could save a further six months waiting for surgery, Somewhere I have a mission statment ''The goverment would expect anyone on the RLE programme would ultimately opt for surgery'' This is not a legal requirement withing the rules of the GRA 2004 or ammendments Some opt for a none surgical option, the emphasis being on that Gender Dysphoria and physical appearance of gender do not have to be complicit. So in this instance a rush to surgery would not be so urgent. I'm thinking on the lines of once you have completed the 2 years RLE, your not going to get surgery the day after. So if you can take into account the portion of RLE that you did before your diagnosis you might save that time of the 2 years. If you understand where I'm coming from.

    The rules regardiing paid employment or none paid charity work during RLE are ambiguous in that it states it would be preferable if people on RLE would seek gainful employment and present a public image of the gender being adopted.
    The GRA states Gender Dysphoria is recognised clinically as an illness and as such people would be entitled to receive sickness benefeits. Of course that would depend ultimately on how the GP views the individual case and might need him obtaining confirmation of some sort from the councellors.

    The act above looks very complicated, the idea is to post the actual wording of various parts of the act, then post explanations and answer question. If your claiming an infringment of your rights you have to be aware of what to quote, by refering to the section and paragraph by reference. Paragraph 1. sect (a) sub sect (2) etc.


    ,
    Cristine Jennifer Shye.  B/L.  B/Acc
      July 8, 2010 6:29 PM BST
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  • Penny, yes to get a GRC you need to have lived for 2 years in your acquired gender, this starts from a date on which you can prove you were living as female. The sort of proof you need is shown on the notes for applications, and includes Deed Poll, utility bills and so on. Basically anything “official” that’s dated and has your name on it.

    The employment issue is nothing to do with the GRC requirements per se. But in order to get a GRC you have to have confirmation from a gender specialist of your diagnosis and they may require working as a prerequisite of the RLE. In other words, working may be the requirement of your gender clinic, but no evidence of your work is needed for a GRC application. The minimum of 2 days per week or whatever is something I’ve never heard, and may just be what was agreed between a particular specialist and their client. You really just have to prove you are “fitting in” with normal society. One person I met was a pre-op “TS escort”; this was not deemed suitable employment for proof of assimilation into “normal society”! She wasn’t prepared to do voluntary work or look for other paid employment, and left CX in a huff.

    It took a little effort for me to persuade CX that playing in a band was a “proper job”; but they could hardly suggest I was hiding away from people!
    xx
      July 8, 2010 10:57 PM BST
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  • Hiya Lucy,

    thankyou for responding, some girls here in GS have stated that their councellors have told them that RLE starts from their diagnosis, I maintain that if you have lived 6-8 months prior to diagnosis and changed all your documents the time starts from then, ie, name change, etc. as you have so eloquently put it. Seems some PCT's and clinics have different interpretations of the rules, to suit their own needs and schedules.
    Cristine Jennifer Shye.  B/L.  B/Acc
      July 8, 2010 11:31 PM BST
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  • The actual requisite is 10 hours a week for one year in either paid or unpaid work or education. As Lucy says this is not actually required for GRC, it is part of the RLE. Transition, for the puropses of GRC, is taken as when you can prove in two instances you legally changed your name and gender, for example on your driving licence and perhaps a utility bill.
      July 8, 2010 11:35 PM BST
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  • hiya,
    such goooynwwuds

    thanks for your responces,

    i always wanted to do this, but only when im totally drunk, cos only thendd ffeklubble speeeebles


    Just an ordinary girl finding her way in this strange life. - What will it take to get everyone to realise that everyone else is also a human being that deserves just as much respect? - How does someone tell their doctor they have hippopotomonstrosesquippedaliophobia? - When I was a student I specialised in Alcopology. It always starts with Alco and always ends with pology. - Waiter! There's a hare in my rabbit pie!
      July 9, 2010 2:27 AM BST
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  • I TOLD my Gp that I had been diagnosed as TS and was starting RLE and threw out all the male stuff and changed all my documents from that date so no one could say I was fudging it.
    Two years to the day later I turned up at the GP and asked her to give me a statement showing I had lived female for two full years. She did and I got the GRC eventually.
    A gang of trannies at Leeds gender Clinic are trying to get the requirement to do RLE dropped which in addition to them claiming that they don't have to dress and appear female seems to me to mean they are a long way off being female...the fact that the FtMs (to a man. LOL) all want to dress and appear very male seems lost on the so-called MtFs.
      July 10, 2010 5:58 PM BST
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  • Under the United Kingdom Gender Recognition Act, trans people who experience severe gender variance, and have medical treatment for the condition, may apply to the Gender Recognition Panel(GRP) for a Gender Recognition Certificate (GRC). The GRC then entitles them to recognition of the gender stated on that certificate “for all purposes”. Where the person's birth was originally registered in the UK, the GRC may be used to obtain a new birth certificate.

    The Gender Recognition Act also introduces specific protection for the personal information of trans people. Solicitors are also bound to protect the information of any transgender people holding a GRC that they deal with regardless of whether or not they are clients.

    As part of the gender recognition process the UK credit rating agencies have set in place special arrangments to protect the identiy of trans people.

    The Commissioner for Human Rights of the Council of Europe, Thomas Hammarberg, gave the most extensive statement on the serious situation of transgender persons by a European official ever, on the 29th July 2009 in Copenhagen. Here he launched his issue paper “Human Rights and Gender Identity”

    “The human rights situation of transgender persons has long been ignored and neglected, although the problems they face are serious and often specific to this group alone. Transgender people experience a high degree of discrimination, intolerance and outright violence. Their basic human rights are violated, including the right to life, the right to physical integrity and the right to health.”.

    Cristine Jennifer Shye.  B/L.  B/Acc
      December 31, 2010 2:04 AM GMT
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  • Thomas Hammarberg's Issue Paper Wed, 07/29/2009 - 11:25 — Wiktor TGEU welcomes milestone transgender rights document Press Release Copenhagen, 29 July 2009. Transgender Europe (TGEU) congratulates Council of Europe Human Rights Commissioner Mr Thomas Hammarberg upon his presentation of the by far most extensive statement on the situation of transgender persons by a European official ever. Commissioner Hammarberg launches his issue paper “Human Rights and Gender Identity” today at the World Out GamesHuman Rights Conference in Copenhagen. Julia Ehrt, Co-Chair of TGEU, states: ‘This document is setting the standard for years to come. Politicians, policy makers and human rights activists will have to measure their achievements against this standard set out here when assessing the human rights situation of transgender persons.’ The paper comprehensively maps out how the rights of transgender persons are violated today and lays forth measures member states have to take to erase the discrimination of these people face. TGEU calls upon all Member States to promptly act upon the paper’s recommendations. It is high time to take “all necessary concrete actions to ensure that transphobia is stopped and that transgender persons are no longer discriminated against in any field, wrote Mr Hammarberg in his Viewpoint on Transgender Issues from January 2009. ALL transgender persons’ rights need to be protected, explicitly including those living outside the traditional binary genders not covered by ‘transsexual’ legislation. Sterilization and other compulsory medical treatments need to be abolished as a legal requirement when recognizing a person’s gender identity. At the same time transgender related health care needs to be made available. Hate crime legislation needs to include protection transgender victims. The issue paper can be find on: www.coe.int/t/commissioner. TransGender Europe – TGEU is European Network working for the equality of all transgender persons in Europe. For more information on TGEU, please visit www.tgeu.org. Login or register to post comments

     

    www.tgeu.org.

    Cristine Jennifer Shye.  B/L.  B/Acc
    This post was edited by Cristine Jennifer Shye. BL at July 18, 2012 10:54 PM BST
      July 18, 2012 10:51 PM BST
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  • Thank you Cristine for taking the time and trouble to post all this important and interesting info :)

      July 18, 2013 12:56 AM BST
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  • As I see it, living abroad brings a few problems with it regarding GRCs. The GRP seems to expect us to follow the rules of the country we live in when transitioning without apparently realising that, probably in most cases, these rules only apply to nationals of the country concerned. I live in Germany and, to judge by the info on the GRP homepage/directgov., I'm expected to comply with the so-called Transsexuellen Gesetz(TSG). However, even without the lousy translation on the directgov. page, I know that foreigners like me are excluded from this law unless our home countries do not allow changes of name, gender etc. Instead, as TGs we are expected to follow the laws, regulations etc. of our home countries, the reason being that, as far as the german government is concerned, changes of name, gender etc.etc. are national matters of the individual countries and Berlin is not going to interfere in such matters. There is even a law which makes it clear that the naming practice for foreigners resident in Germany depends upon the laws etc. of their home countries.

    I've applied for a GRC, I've informed the GRP that, as a foreigner/UK citizen resident in Germany, I am excluded from the TSG and that, where necessary, the relevant german authorities have accepted my interpretation of the law. Any day now the reaction (rejection?) should arrive in the post.

    "It ain't what you do,it's the way that you do it............and that's what gets results!"
      December 18, 2017 10:04 AM GMT
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  • lynn harvey said:

    As I see it, living abroad brings a few problems with it regarding GRCs. The GRP seems to expect us to follow the rules of the country we live in when transitioning without apparently realising that, probably in most cases, these rules only apply to nationals of the country concerned. I live in Germany and, to judge by the info on the GRP homepage/directgov., I'm expected to comply with the so-called Transsexuellen Gesetz(TSG). However, even without the lousy translation on the directgov. page, I know that foreigners like me are excluded from this law unless our home countries do not allow changes of name, gender etc. Instead, as TGs we are expected to follow the laws, regulations etc. of our home countries, the reason being that, as far as the german government is concerned, changes of name, gender etc.etc. are national matters of the individual countries and Berlin is not going to interfere in such matters. There is even a law which makes it clear that the naming practice for foreigners resident in Germany depends upon the laws etc. of their home countries.

    I've applied for a GRC, I've informed the GRP that, as a foreigner/UK citizen resident in Germany, I am excluded from the TSG and that, where necessary, the relevant german authorities have accepted my interpretation of the law. Any day now the reaction (rejection?) should arrive in the post.

    Of course, quite how the GRP expects someone living in Germany, or wherever, to comply with the official UK transition procedures is a mystery to me! Are we supposed to keep jetting over to CX or wherever? As far as I am concerned, if the german health system is happy to treat me without reference to the TSG then I'm perfectly happy with that. I have to assume that all are acting within the rules.

    Whether I'll be given a GRC will be revealed at the end of March.........

    Lynn

    "It ain't what you do,it's the way that you do it............and that's what gets results!"
      March 13, 2018 8:38 PM GMT
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  • Under the United Kingdom Gender Recognition Act, trans people who experience severe gender variance, and have medical treatment for the condition, may apply to the Gender Recognition Panel(GRP) for a Gender Recognition Certificate (GRC). The GRC then entitles them to recognition of the gender stated on that certificate “for all purposes”. Where the person's birth was originally registered in the UK, the GRC may be used to obtain a new birth certificate. 

     

    (2) In the case of an application under section 1(1)(b), the Panel must grant the application if satisfied— 
    (a) that the country or territory under the law of which the applicant has changed gender is an approved country or territory, and 
    (b) that the applicant complies with the requirements imposed by and under section 3. 

     

    I think you will find that even if one has emigrated to Australia, the procedure is still relevant to the domain where the original birth was registered,  GRC's are not a view on demand document, only being needed for the revised birth certificate, the legal requirement for the change of gender and in accordance with the marriage act revisions.

     

    A Statutory Deceleration is required by the GRP, usually obtained from a commissioner for Oaths, or a Magistrate, not know if the GRP would accept same from a German authority.

     

    In my opinion if you have complied with paragraph 3. where relevant, supplied documentation, the act does not exclude registered practitioners from member EU states,   If you do nor want to send original documents, you can use photo copies, if they are certified by a commissioner of oaths as being certified copies of an original document.  eg, passports and driving licences. 

    Cristine Jennifer Shye.  B/L.  B/Acc
    This post was edited by Cristine Jennifer Shye. BL at March 16, 2018 5:07 PM GMT
      March 14, 2018 3:16 PM GMT
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