Review of the Gender Recognition Act 2004: consultation

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

Appendix B- CRWIA Stage 2- Screening- Evidence Base

Scottish Government’s Understanding Of Legal Gender Recognition Processes For Children In Other Countries

Country/territory Minimum age Court process Administrative process Who can apply and evidence required
Argentina None Only where disagreement. National Registry of Persons’ office Application by person’s legal representatives but must be express consent of person under 18. If the legal representatives cannot agree, application is made through a court.
Australian Capital Territory [21] None - Registrar-General For under 18s, those with parental responsibility must apply. They must declare that application is in child’s best interests. In addition, a doctor or psychologist must confirm the child has had appropriate clinical treatment for alteration of their sex [22] .
Belgium 16 - Civil Registrar Persons aged 16 and 17 may request the civil registrar to change their recorded sex, provided there is parental authorisation and after consultation with a psychiatrist.
British Columbia [23] None - Vital Statistics Agency People aged 18 and under apply themselves. Their legal guardians must consent and they must also enclose a statutory declaration from a physician or psychologist confirming their gender identity.
Denmark 18
- - -
France 16 Yes - Emancipated minors (those aged 16 and above who have been emancipated by an order of the guardianship judge) may apply using the same court based procedure as a person of 18.
Republic of Ireland [24] 16 Yes- for 16 and 17 year olds an order of court must be submitted with application. Client Identity Services of Department of Social Protection. Court must be satisfied that applicant’s parents or legal representatives consent. Two medical reports must confirm the applicant’s capacity and that they have transitioned or are transitioning to live in their preferred gender.
Malta [25] None Yes
Parents apply to the Civil Court of Registry who must 1. ensure that the best interests of the child are the paramount consideration and 2. give due weight to the child’s views based on their age and maturity
New Zealand [26] 18, (those aged 16 and over can apply if they are married or in civil union or de facto relationship. [27] ) Yes
The person must demonstrate they have:
1. assumed the gender identity of person of the nominated sex; 2. undergone appropriate medical treatment; and 3. Will maintain a gender identity of a person of the nominated sex.
Norway 6 [28]
Tax office- National Population Register Application by both child seeking recognition and those with parental responsibilities. If parents don’t agree, application is to the County Governor of Oslo and Akershus.
Spain [29]
18 - - -


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