Disclaimer: This page was produced in 2022 when the Scottish Government introduced its Gender Recognition Reform (Scotland) Bill to Scottish Parliament, and before the Bill passed and was blocked from becoming law by the UK Government’s Section 35 order.
The Gender Recognition Act (GRA) is a law that allows trans men and women to apply for a gender recognition certificate (GRC), and if they fulfil certain criteria and have their application approved they can use their GRC to change the sex on their birth certificate change the sex listed on their birth certificate. The sex on a person’s birth certificate is sometimes referred to as their “legal sex”.
Trans people can legally change their sex without a GRC on other documents such as their passport and drivers licence, but not their birth certificate, which is required in some circumstances such as obtaining a pension or when getting married.
For a fuller explanation, click here
While it is good that trans men and women can use the GRA to change their legal sex, the process to do so is long, complicated, and expensive.
There are many arbitrary requirements for acquiring a GRC which many trans people will not be able to meet for perfectly legitimate reasons that are no fault of their own. This can mean that some people trans people are unable to retire when they planned to, or are even recorded as the wrong gender on their death certificate.
Many trans people, such as non-binary people and trans people under 18, are also excluded from having their legal sex recognised by the act.
In short, the act is now out of step with international best practice for gender recognition, and goes against the guidance of human rights groups like Amnesty International and the WHO.
For a fuller explanation of the current issues with the GRA, click here
The proposals announced by the Scottish Government on 3rd March 2022 suggest that the following changes will be made to the GRA in Scotland:
For a fuller breakdown of these proposals click here
No, reform to the GRA is simply about improving trans people’s access to legal recognition of their gender, and won’t affect the rights of any other group. While obtaining a GRC is personally important to many trans people, it only has a very limited number of uses as birth certificates are rarely used as identity documents in everyday life.
Under the current system, only trans men and trans women over 18 who are judged by a tribunal to have met specific measures can obtain a GRC. Even if the Scottish Government’s proposals are passed, those who wish to obtain one will have to make a statutory declaration under oath.
GRA reform in Scotland is a devolved matter as it affects Scottish birth certificates, but if the Bill was passed in Scotland it would not affect GRA procedures in the rest of the UK.
Anyone living in Scotland, whether or not they have a Scottish birth certificate, will be able to apply for a GRC here. However, whether or not this can be used to change a birth certificate from the rest of the UK, or any other country, will depend on whether the relevant authorities in those countries decides to accept a Scottish GRC.
30 Bernard Street Edinburgh EH6 6PR
+44 (0)131 467 6039 info@scottishtrans.org
Scottish Trans is part of the Equality Network
Scottish Trans is the Equality Network project to improve gender identity and gender reassignment equality, rights and inclusion in Scotland. The Equality Network is a leading Scottish lesbian, gay, bisexual, transgender and intersex (LGBTI) equality and human rights charity.
The Equality Network is a registered Scottish charity: SC037852, and a company limited by guarantee: SC220213.
We are grateful for funding from the Scottish Government
