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Transgender Day of Remembrance

As we mark the Transgender Day of Remembrance in Manchester on Sunday we have put together a summary of the law round applying for your gender to be legally recognised.

The Gender Recognition Act 2004 enables transgender men and women to apply for a Gender Recognition Certificate which gives legal recognition to the gender they have acquired. It also makes it possible to apply for a new birth certificate, in your chosen gender. It essentially remedies previous breaches of the human rights of transgender people.

What is a Gender Recognition Certificate (GRC)?

It’s the formal document that legally recognises your gender.

How do you obtain a GRC?

You make an application to the Gender Recognition Panel (GRP). The application you make will depend on your personal circumstances but you generally need to show:-

-       You are aged over 18 years

-       You have, or have had, gender dysphoria,

-       You have lived for the last 2 years in your acquired  gender and continue to do so

-       You intend to live permanently in your acquired gender.

What if I’m already married or in a civil partnership?

With the introduction of the Marriage (Same Sex Couples)  Act 2013 you can now apply for a full GRC without ending your marriage/civil partnership . This will depend on where your marriage/civil partnership was registered and whether your spouse/civil partner consents to remaining married. If they are not willing to consent then you will be granted an interim GRC. You can then use this interim certificate to formally end your marriage. Once your marriage has been dissolved, usually in divorce, you can then apply for your full GRC.

Most people who are married or in a civil partnership will usually need to go through the divorce process before being able to apply for a full GRC. Within the divorce process financial matters will need to be addressed and a financial settlement reached with your former wife/civil partner.

What if I already have children?

Legal recognition of your acquired gender will not have any impact on your status as a parent or on your parental responsibility.

The Gender Recognition Panel must issue a GRC to a successful applicant.

For more advice or information on this topic please contact our family team on 0345 872 6666 or email me directly

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