In the recent past, transsexuals have often felt stigmatized and unsupported by the legal system in terms of their rights to be accepted as equal members of the community, as valued employees and as parents.

There are now legal frameworks that allow any individual to change their name, and in many countries, their legal gender to reflect their true gender identitiy. This then allows transsexuals to apply for important documents to be changed such as birth certificates, passports and driving licenses.

Laws regarding these changes vary from country to country. In the USA, some states do not allow amendments of original birth certificates but most Western societies (including most European countries) have revised their laws to support the transgender community. In the UK, the Gender Recognition Act (2004) allows transsexuals who are UK citizens to seek full legal recognition.

Gender Recognition Act (2004)

The Gender Recognition Act (GRA) was passed by UK Parliament in 2004 and came into force in April 2005. It represents a massive milestone in supporting the transgender community. The Act allows UK citizens, or immigrants with approved status, to seek full legal recognition and a Gender Recognition Certificate.

As well as the enormous emotional and social significance, obtaining a Gender Recognition Certificate has important implications for transsexual individuals in the workplace, such as personal pension and financial repurcussions, and in their relationships and civil partnerships.

Gender Recogntion Certificate

The following requirements are necessary in order to obtain a Gender Recognition Certificate (GRC). Individuals must (at the time of application):-

1. Be 18 years old or more.

2. Have a formal diagnosis of gender dysphoria.

3. Have lived in gender role for 2 years.

4. Intend to continue living in role permanently.

5. Not be married or in civil partnership.

Advantages of a Gender Recognition Certficate

There are numerous advantages of obtaining a Gender Recognition Certificate, some of which include:-

1. Being able to obtain a new birth certificate with the correct name and gender.

2. Being legally recognised as the correct gender.

3. A legal framework to enforce protections against discrimmination, parental rights and employment restrictions, such as retirement plans and personal pensions.

Changing Name and Important Documents

The change of name and legal documents is an important part of the Real Life Experience. There is no need for surgery of any kind for this to take place. There are several ways to change a name legally:-

1. To Marry.

Only transsexuals with a Gender Recognition Certificate can marry someone of the opposite sex.

2. Change of Name by Deed Poll.

This is a legal process that requires a solicitor (and therefore a significant financial expense). A Deed Poll provides documents showing the new name and a legal binding to that new name. It needs to be executed by a solicitor and is enrolled at the Filing Department. There is a Deed Poll Online Service available, click on the green link to be directed to the site.

3. Statutory Declaration of Change of Name.

This is a slightly different process that involves a statement of declaration being written by the individual and then witnessed by a solicitor (for a small fee) or at a Magistrate's court. The statutory declaration needs to include a letter from your local doctor or consultant psychiatrist with a copy of your birth certificate. This method is used less and less now, largely due to the developments following the Gender Recognition Act (2004) and the ease of obtaining a Gender Recognition Certificate.

What Happens Next?

There are several important documents that need to be updated which needs the individual to inform the following people and organisations:-

1. Your employer, the Inland Revenue and the Department of Social Security.

2. If you own a property, you need to inform the Land Registry (and Mortgage Lender).

3. Electoral Register.

4. National Insurance.

5. Driving Licence and Motor Insurance Company (remember that your insurance may be invalid if your name is not changed on the policy!).

6. Your local doctor and medical services.

7. Council Tax and Utility companies.

8. Passport change involves sending the old passport, with a copy of the relevant paperwork and a covering letter. In the cover letter it is vital that you remember to state that you will permanently be living in the gender role, otherwise they will be reluctant to change the gender on the passport.

9. Bank and Credit Cards.

10. Health and Life Insurance policies. It is possible that your insurance will be invalidated if the policies are not updated with the new name and gender.

Does this all sound too complicated? Have you been through this experience yourself? Let us know your views in our Blog.