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Review of the Gender Recognition Act 2004

Review of the Gender Recognition Act 2004

Thursday, November 9, 2017

ISBN: 9781788513982

This consultation seeks views on proposals to reform the Gender Recognition Act 2004.

Executive Summary

The Gender Recognition Act 2004 (the 2004 Act) allows a transgender person to apply to the Gender Recognition Panel to obtain legal recognition in their acquired gender. The 2004 Act describes their acquired gender as the gender (either the male gender or female gender) in which an applicant is living and seeking recognition.

In the Programme for Government 2016-2017 and the Fairer Scotland Action Plan, the Scottish Government said that we would review and reform the 2004 Act , so that it is in line with international best practice.

Our proposed reforms would streamline the application process by removing requirements for applicants to provide medical evidence and for them to have lived in their acquired gender for at least two years prior to their application. The consultation also proposes that the minimum age of applicants should be reduced from 18 to 16. Subject to views expressed during the consultation, we propose that Scotland should adopt a self-declaration system for legal gender recognition.

The consultation also seeks views on a range of potential options for people under 16 to access legal gender recognition and for people who do not identify as men or women (non-binary people).

We have also published a series of Questions and Answers about the consultation.