Gender Recognition Act 2004

Question 1

Requirements for an application

Answer 1

1) At least 18 (Section 1)
2) living in the other gender

Living in the other gender is set out in section 2
1) Suffering from gender dysphoria (section 2(1)(a))

2) lived in other gender for at least 2 years(section 2(1)(b))
3) intends to live in that other gender until death (section 2(1)(c))
4) Complies with requirements set out in section 3

Question 2

Section 2

Answer 2

Living in the other gender is set out in section 2
1) Suffering from gender dysphoria (section 2(1)(a))

2) lived in other gender for at least 2 years(section 2(1)(b))
3) intends to live in that other gender until death (section 2(1)(c))
4) Complies with requirements set out in section 3

Question 3

Section 3

Answer 3

Application must include two medical reports, one of which must have been made by a doctor or a chartered psychologist with expertise in gender dysphoria (s.3(1)) and must include a diagnosis of gender dysphoria.

Question 4

Section 12

Answer 4

Relationship in law does not change, for example if you are a farther, you do not turn into a mother, you are still a farther to that child.

Question 5

Marriage (same sex couples) act 2013

Answer 5

If party to a ‘protected marriage’ (which is defined in Sch. 5, para. 14 as any marriage in or recognised by the law of England and Wales, or of some other country)
seeks a Gender Recognition Certificate, he or she must get spousal consent to change gender. This is to done by adding a reworked s. 4 to the GRA. If there is spousal consent, a full GRC can be issued (s. 4(2)(b)), but if there is not consent only an interim GRC can be issued (s. 4(3)(a)). Subsequent spousal consent (within six months) allows a full GRC to be issued: s. 4A(2). The status of the marriage is not affected by the issuance of the full GRC: s. 11A(2). This reworks section 4. Continues as a good marriage after the change of gender.