The Gender Recognition Panel
Information for medical practitioners and chartered psychologists.
The Gender Recognition Panel has been established under the Gender Recognition Act 2004 to determine applications from transsexual people who wish to be legally recognised in their acquired gender. To satisfy the criteria for legal recognition, applicants will be required to supply evidence from medical practitioners or chartered psychologists in support of their application. The evidence required by the Panel will vary depending on the type of application submitted.
Some of your patients may approach you requesting evidence for their Gender Recognition application. Applicants who apply under the "overseas" applications process are not required to supply this evidence.
There are three avenues through which an applicant may apply for Gender Recognition:
Fast track application process
Overseas applications process
Standard application process
The Panel began assessing applications on 4 April 2005. The application forms have been available since 4 January 2005 (for fast track and overseas applicants).
We have provided an "Evidence Form for Medical Practitioners and Chartered Psychologists (with guidance)" to assist medical practitioners and chartered psychologists to supply evidence about their patients. There are two forms and the one you use will depend on the application process that your patient has chosen. Links to the two forms are below, but your patient will also be able to provide you with the documentation.
The legal position
Under the Gender Recognition Act 2004, information relating to an application for a Gender Recognition Certificate is 'protected information' if it is acquired in a professional capacity. It is an offence to disclose protected information to any other person.
Legislation
Information and legislation relating to transsexual people in the United Kingdom.
Gender Recognition Act 2004 – The Act established the Gender Recognition Panel and outlines the criteria for obtaining a Gender Recognition Certificate.
Explanatory Notes to the Gender Recognition Act 2004 – These notes help to detail and clarify the Act and should be read in conjunction with it.
Civil Partnership Act 2004 – The Act enables same-sex couples to obtain legal recognition of their relationship by forming a civil partnership.
Sex Discrimination (Gender Reassignment) Regulations 1999 – Legal measures to prevent discrimination against transsexual people on the grounds of sex in pay and treatment in employment and vocational training. They apply in England, Wales and Scotland. Northern Ireland is covered by similar regulations.
More information about sex discrimination regulations can be found in the Sex Discrimination Act 1975.
Significant judgements
The Gender Recognition Act 2004 has been influenced by the judgements of the Courts.
In a judgment delivered at Strasbourg on 11 July 2002 in the case of Christine Goodwin v. the United Kingdom (application no. 28957/95), the European Court of Human Rights held unanimously that:
There had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights;
There had been a violation of Article 12 (right to marry);
They found that the UK Government has a positive obligation under international law to secure the Convention rights and freedoms and must rectify these ongoing breaches.
On 10th April 2003, the House of Lords gave judgement in the case of Bellinger v. Bellinger [2003] 2 All ER 593. Mrs Bellinger, a male-to-female transsexual person, was seeking legal recognition of her 1981 marriage to a man. Their Lordships were sympathetic to Mrs Bellinger´s plight but ruled that the marriage was void. They declared that section 11 (c) of the Matrimonial Causes Act 1973 was incompatible with the Human Rights Act 1998. The result of this that legislation was needed to enable transsexual people to marry in their new gender.
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