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  4. Commissioner calls for birth certificate gender change ability from age 12

Commissioner calls for birth certificate gender change ability from age 12

29th May 2018 | family-child law

Children should be able to request a change to their birth certificate gender from age 12, according to the Children's Commissioner for Scotland.

Bruce Adamson made the argument in his response to the Scottish Government's consultation on reforming equality law to make it easier for transgender people to have their changed identity recognised on their birth certificates.

Ministers have proposed a "self-declaration" system for thiose aged 16 and over, in place of the present law under which applications can only be made by those aged at least 18, who have lived for at least two years in their acquired gender and who can evidence dysphoria, or discomfort between their biological sex and gender.

However in his submission Mr Adamson said that with 12-year-olds potentially having capacity to consent to medical treatment relating to gender transition, as well as being able to change their name, "It would be illogical for parental consent to then be required for legal recognition of a transition the young person has been able to effect without it."

The Law Society of Scotland and Faculty of Advocates have each warned of the risk of children under 16 being unduly influenced by someone such as a parent, without adequate support.

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