Gender recognition
Section 35 Order
The Gender Recognition Reform (Scotland) Bill was passed by the Scottish Parliament on 22 December 2022. Read more about the passage of the bill on the parliament website.
The bill was prevented from proceeding to Royal Assent by an order under section 35 of the Scotland Act 1998, made by the Secretary of State for Scotland.
The then UK Government’s intervention means the bill cannot be implemented at this time. It remains a bill passed by the majority of the Scottish Parliament. The Scottish Government has not withdrawn it.
Further information can be found at: Section 35 Order Judicial Review: Scottish Government response.
We will engage constructively with the current UK Government on any plans they have to reform the Gender Recognition Act 2004.
Overview
To comply with international human rights law, Scotland must have a system for obtaining legal gender recognition. Since 2005, trans people across the UK have had the right to legally change their gender through applying for a Gender Recognition Certificate.
Actions
The bill - if implemented - would:
- provide a more streamlined process for trans men and women applying for legal gender recognition
- remove current evidence requirements, including any evidence of a diagnosis of gender dysphoria, and reduce the length of time the process takes, both of which can be barriers for trans people
- empower the Registrar General for Scotland to determine applications instead of the Gender Recognition Panel, a UK tribunal
Background
Gender recognition is the process for changing the sex recorded on a UK birth certificate and obtaining a Gender Recognition Certificate. It has been in place for 20 years.
Legal gender recognition is not required for someone to transition socially or medically, or to change the gender or sex recorded on most identification documents, including passports and driving licences.
Parliament’s research service (SPICe) has published a briefing on the bill. This sets out the requirements of the current legal gender recognition process.
Bills and legislation
The Gender Recognition Reform (Scotland) Bill was introduced to Parliament in March 2022.
The Gender Recognition Act 2004 sets out the current process for gender recognition, which applies across the UK.
The Equality Act 2010 makes it generally unlawful to discriminate against people who have a “protected characteristic”, as defined under the Act. These protected characteristics include both “sex” and “gender reassignment”. The protected characteristic of gender reassignment is not restricted to those with a Gender Recognition Certificate or who have undergone any specific treatment or surgery.
Consultation
We consulted twice on our proposals. These were two of the largest consultations we have ever undertaken. Independent researchers produced detailed analysis reports of responses to both consultations.
Read more:
- Consultation 1, principles of reform, published 2018 - Review of the Gender Recognition Act 2004: consultation analysis - where 60% of respondents agreed that applicants for legal gender recognition should no longer need to produce medical evidence.
- Consultation 2, draft bill, published 2021 - Gender Recognition Reform (Scotland) Bill: consultation analysis. While this consultation was qualitative, an independent analysis of group responses showed that a majority supported reform.
Contact us
If you would like any more information please email: family.law@gov.scot