Over the last six years reform of the UK’s Gender Recognition Act 2004 (GRA) has been one of the most hotly debated issues for many decades. It seems everyone has an opinion on the subject. For me, as a trans woman, one voice has been absent from the cacophony – that of people like me.
I’m someone who started their transition 12 years in the past and completed the process six years ago but is yet to meet all the criteria for a successful gender recognition certificate (GRC) application. I thought it would be useful to explore some of the flaws and failings of the current law by detailing the criteria for an application.
Criteria for a gender recognition certificate
Under the current process, a diagnosis of gender dysphoria must be provided, usually from a gender dysphoria clinic (previously known as gender identity clinics) of which there are 13 throughout the UK and four community-based clinics. In England, waiting times for a first appointment are between three and four years. A diagnosis is not provided at a first appointment.
Applicants have to ‘provide a medical report written by a doctor or psychologist specialising in gender dysphoria’. My diagnosis was made in June 2013, but it wasn’t until 2020 that I got a short letter confirming that such a diagnosis had been made. I have no idea if this letter will suffice, as the government advice states that the report should say who made the diagnosis, when and what evidence was used. As a patient at a gender clinic, it was my experience that the clinicians didn’t see helping us with a legal process as part of their clinical work.
A second medical report is also required detailing medical treatment such as hormones and any surgery. This can be from your GP. My GP charges £89.50 for completing a pro forma and as their website says, there is no requirement for them to complete any non-NHS work.
Evidence of living in an affirmed gender
Applications also need ‘Evidence of living in your affirmed gender for two years’. Exactly what this evidence constitutes is vague, but the potential documents you can submit have to contain one or more of name, title and gender marker. Examples are given such as driving licence, passport, workplace IDs, letters from professionals, bank statements and utility bills.
A brief glance at that list shows there is an assumption that applicants are reasonably affluent, employed and have a home address where they pay bills. Many trans people, like myself, become homeless or live in irregular accommodation on transition, and many also struggle to find employment. The bureaucratic paper trail which accompanies most lives is sadly often absent from those of trans people.
Statutory declaration of gender and ‘spousal vetoes’
Applicants also have to make a statutory declaration before a solicitor or Justice of the Peace. For single applicants this is relatively simple process. For trans people who have been married it is much more complicated.
The spouse must also make a statutory declaration saying that they consent to remaining married to the trans person. If the spouse will not make this declaration the applicant will only receive an interim GRC. This has one purpose only – to trigger the annulment of the marriage, because if an applicant has been married and consent has not been obtained, a decree of nullity or a decree absolute, if divorced, must also be provided.
This requirement for a trans person to obtain consent from their spouse is widely known as the ‘spousal veto’. It is often used by spouses who are upset that the person they married has transitioned and in response they seek punitive financial settlements or restrictions on access to children. There is an organisation for spouses who feel aggrieved because their partner transitioned, called Trans Widows Voices, and they gave evidence to the inquiry into the Reform of the GRA. In my case the veto has had a real impact, as my own divorce has dragged on for four years now.
Why does this matter?
On a practical day-to-day basis, my lack of a GRC or an amended birth certificate matters little. For well over a decade, I’ve used facilities appropriate to my affirmed gender on a frequent basis. I’ve never been asked for ID but if I were to be, I carry many pieces such as driving licence and work ID.
The only meaningful times I’d need a GRC was if I married again, or for my grieving relatives to register my death as they knew me. I also found out I needed a GRC after I was sexual assaulted, when the police told me that if the case went to court, I’d be referred to as a man.
These are all very private matters, but nevertheless I’d like this document. Ideally, I’d like my GRC to be awarded at a ceremony where my friends and family who have supported me on this journey can attend and share that final joyous step.
