Gender Recognition Bill brought before Holyrood

People seeking recognition as of a different gender to that recorded at birth will be able to use a streamlined procedure under a bill introduced to the Scottish Parliament today.

Under the Gender Recognition Reform (Scotland) Bill, a commitment of the Scottish Government, anyone 16 and over, and ordinarily resident in Scotland, will be able to apply for a gender recognition certificate, which the Registrar General must grant if they have lived continuously in their acquired gender for at least three months and intend to continue to do so permanently. Apart from a legally binding declaration, no medical reports or other evidence will be required.

Before the Registrar General determines the application, the applicant must confirm by notice, after the end of a three month reflection period, that they wish to proceed with it. 

The bill proposes a criminal offence for applicants to make a false statutory declaration, punishable with up to two years’ imprisonment.

Current rules require a medical diagnosis of “gender dysphoria” and supporting evidence with the application; and 16 and 17 year olds are not currently allowed to apply, which the Government believes is a further negative impact on trans young people.

The bill also provides for automatic recognition of gender recognition obtained outwith the United Kingdom (unless it would be manifestly contrary to public policy to do so).

Social Justice Secretary Shona Robison commented: "Trans men and women are among the most stigmatised in our society and many find the current system for obtaining a gender recognition certificate to be intrusive, medicalised and bureaucratic.

"This bill does not introduce any new rights for trans people. It is about simplifying and improving the process for a trans person to gain legal recognition, which has been a right for 18 years."

Seeking to address the concerns held by some women's groups, she added: "Our support for trans rights does not conflict with our continued strong commitment to uphold the rights and protections that women and girls currently have under the 2010 Equality Act. This bill makes no changes to that Act.

"The Scottish Government has always been keen to seek consensus where possible and to work to support respectful debate. That will remain a guiding principle as the bill progresses through Parliament."

Read the bill and supporting documents here.