Review of the Gender Recognition Act 2004

Closed 1 Mar 2018

Opened 9 Nov 2017


The Gender Recognition Act 2004 allows a transgender person to change their legally recognised gender. This consultation seeks views on whether and how the Gender Recognition Act 2004 should be amended in relation to the law in Scotland.

It covers establishing new arrangements for dealing with applications for legal gender recognition, the minimum age at which applications for gender recognition could be made and related matters. 

Why We Are Consulting

In the Fairer Scotland Action Plan, the Scottish Government committed to 'review and reform gender recognition law so it is in line with international best practice for people who are transgender or intersex'.

The Government has decided that because people with intersex variations face issues that are distinct from those experienced by transgender people, we should consult separately on each set of issues. We will publish a consultation later this year seeking views about how we should address the issues experienced by intersex people/people with variations of sex characteristics. 

Consultation is an essential part of the policy-making process. We will use the views expressed in response to this consultation to help inform the Government’s decisions about further action.

Download the consultation paper.

What Happens Next

There were over 15,500 responses to the consultation.  The responses have been now been independently analysed and and will considered along with the other available evidence to help inform the Government’s decisions on taking the review further. A circular with an update on progress was also published in September 2018 and then the responses from organisations. 

In November 2018 we published the independent analysis of the consultation responses. Most recently, following on from this independent analysis, we have published two factsheets.  We have not yet reached a decision on next steps. 


  • People of Scotland


  • Children and Families
  • Equality, Welfare and Rights
  • Law and Order