Gender Recognition Act 2004
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| Long title | An Act to make provision for and in connection with change of gender. |
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| Citation | 2004 c. 7 |
| Territorial extent | England and Wales; Scotland; Northern Ireland |
| Dates | |
| Royal assent | 1 July 2004 |
| Commencement | 4 April 2005 |
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Status: Amended
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| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The Gender Recognition Act 2004 is an Act of the Parliament of the United Kingdom that allows transgender people to change their legal gender. It came into effect on 4 April 2005.
The Act gives people with gender dysphoria legal recognition as members of the sex appropriate to their gender (male or female) allowing them to acquire a new birth certificate, affording them full recognition of their acquired sex in law for all purposes, including marriage. The two main exceptions are a right of conscience for Church of England clergy (who are normally obliged to marry any two eligible people by law), and that the descent of peerages will remain unchanged. Additionally, sports organisations are allowed to exclude transsexual people if it is necessary for 'fair competition or the safety of the competitors'.
People present evidence to a Gender Recognition Panel, which considers their case and issues a Gender Recognition Certificate. If the person involved is in a legally recognised marriage they will be issued an 'Interim Gender Recognition Certificate', which for a limited period can then be used as grounds for annulment of the marriage, but otherwise has no status. After annulment, a full Certificate will be issued.
The Act requires applicants to have transitioned two years before a certificate is issued. It makes no requirement for sex reassignment surgery to have taken place, although such surgery will be accepted as part of the supporting evidence for a case where it has taken place. There was a six-month period from 4 April 2005 until 3 October 2005, where only people who transitioned six or more years previous could apply. Additionally, for two years following implementation of the Act, those who transitioned six years or more previous to application for a gender recognition certificate were required to supply a lesser level of evidence, as such people were likely to have problems in obtaining some of the documentary evidence that would be required of those who had transitioned later. There is also a mechanism whereby those who have obtained legal recognition in recognised overseas jurisdictions may obtain recognition under the Gender Recognition Act with much reduced evidence requirements; such applicants are not required to have transitioned two years before nor to be resident overseas. Successful applicants are entered onto a Gender Recognition Register, held by the registrar general, similar in operation to the Adoptions Register for those who have been adopted.
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