/ 19 Oct 2023

What is a Gender Recognition Certificate?

A Gender Recognition Certificate (‘GRC’) is the document that you need for your acquired gender to be legally recognised in the UK.

A person’s gender is initially registered at birth, however, if that person wishes to be recognised by a gender that does not match what they were registered as, then a GRC is required.

Sophie Sibley

Solicitor

Family & Divorce

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Hazel Kent

Senior Associate

Family & Divorce

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How do I obtain a Gender Recognition Certificate?

The piece of legislation that sets out how to apply for a GRC is the Gender Recognition Act 2004.

There are three ways to apply for a Gender Recognition Certificate depending on your circumstances and each have their own requirements:

The Standard Application:

This is the most common route if you are single.

  • You must be 18 or over
  • You have been diagnosed with gender dysphoria
  • You must have lived in your acquired gender for at least 2 years
  • You must intend to live in your acquired gender for the rest of your life

 

Alternative Application:

This is the route to choose if you are married or in a civil partnership.

  • You must be 18 or over
  • You must be (or must have been) in a protected marriage or a civil partnership at the time of the application
  • You must have lived full time if your acquired gender for at least 6 years before 10 December 2014 (16 December 2014 for Scotland and 13 January 2020 for Northern Ireland
  • You must have (or have had) a diagnosis of gender dysphoria or had surgery to change your sexual characteristics
  • You must intend to live in your acquired gender for the rest of your life
  • You must be ordinarily resident in England, Wales, Scotland or Northern Ireland

 

Overseas Application:

You should make this application if your acquired gender has been legally accepted in an approved country or territory

Along with your application, you will need to provide a statutory declaration signed by you stating that you intend to live in your intended gender until death in the presence of a solicitor or Notary Public.

Certain documents need to be provided depending on which application you have made and whether you have been married or in a civil partnership. This includes medical reports confirming your diagnosis of gender dysphoria and evidence that you have lived in your acquired gender for the necessary period.

If you intend to remain married or in a civil partnership after you have applied for a GRC, your spouse or civil partner will need to sign a statutory declaration in the presence of a solicitor or Notary Public to confirm they want to remain in the marriage or civil partnership if the application is successful.

What documents require a Gender Recognition Certificate to show my acquired gender?

  • A GRC is needed to change the following documents:
    • Your gender on your birth or adoption certificate
    • Your gender on your marriage certificate or civil partnership certificate, if registered in the UK
  • Once you have a GRC, when you die, your death certificate will record your acquired gender.

Do I need a Gender Recognition Certificate to change my name?

You do not need a Gender Recognition Certificate to change your legal name as this can be done by a deed poll and once you have a deed poll, you can change your name on other records but crucially, not your birth certificate.

If you require advice on what steps to take to acquire a Gender Recognition Certificate, or you need a statutory declaration prepared, please get in touch with our Family Law specialists who will be happy to assist you.

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