3.01. The GRA is UK wide legislation permitting a person aged at least 18 to make an application for a GRC. Applications are handled by the Gender Recognition Panel (“the GRP”), a UK Tribunal. Successful applicants receive either an interim GRC, which does not give legal recognition, or a full GRC which does give legal recognition. This process has been place since 2005.
3.02. Under the GRA there are three routes or “tracks” by which a person can seek legal recognition of their acquired gender: the standard, the alternative and the overseas tracks.
3.03. The standard track is most often used by applicants. The standard track can be used by applicants who:
- have been diagnosed with gender dysphoria (section 2(1)(a) and section 25 of the current GRA);
- have lived in their acquired gender throughout a period of two years immediately prior to their application (section 2(1)(b)); and
- intend to live in their acquired gender for the rest of their life (section 2(1)(c))
3.04. Applicants under this route must provide two medical reports to the GRP. One from a registered medical practitioner or registered psychologist who is practising in the field of gender dysphoria must include details of the diagnosis (section 3(1) and (2)). The second report must be from a registered medical practitioner and must include details of any treatment the applicant is receiving and whether they have undergone, are undergoing, or planning to undergo surgery to modify sexual characteristics (section 3(1) and (3)).
3.05. Published guidance13 confirms that, along with their application, applicants must provide documentary evidence that they have lived in their acquired gender throughout the period of two years prior to their application (section 3(6)(b),(c)).
3.06. Applicants under the standard track must also make and submit a statutory declaration with their application that they meet the conditions of having lived in their acquired gender for the required two year period and intend to continue to do so until death (section 3(4)). The statutory
declaration must also state whether or not the applicant is married or a civil partner (section 3(6)(a)).