This page includes merits information for various types of actions in relation to the Gender Recognition Act 2004. These include correction of errors in gender recognition certificates; and appeals against the refusal of a certificate.

Proceedings arising from the Gender Recognition Act 2004 – applications to pursue

The Gender Recognition Act 2004 allows people over eighteen to apply to a Gender Recognition Panel for a gender recognition certificate. The effect is that their legal gender becomes the gender indicated in the certificate.

To grant a certificate, the Panel must be satisfied that your client:

  • Lives as the intended new gender (and has done so for two years, intends to do so until death)
  • Has suffered gender dysphoria
  • Is able to provide medical reports supporting this

If your client is single then the certificate, if granted, will be a full certificate that immediately changes their gender.

If your client is married or a party to a civil partnership, the certificate will be an interim certificate.  The issue of an interim certificate provides a ground for divorce or dissolution for either party to the marriage or civil partnership, and if this occurs, the court granting will issue a full certificate.

Correction of errors in full gender recognition certificate

A full gender recognition certificate issued by a court on granting decree of divorce or dissolution may contain errors.  If so, you can apply by minute to the court that issued the full certificate for correction.

Our evidential requirements are:

  • Statement from your client addressing the nature of the errors, the proposed corrections and the reasons why these are warranted and necessary
  • Copy of the erroneous gender recognition certificate
  • Supporting witness statement and/or documentary evidence, or an explanation as to why none is available.

Appeal against refusal of gender recognition certificate

Your client may appeal on a point of law to the Court of Session against a decision by a Gender Recognition Panel to reject the application.

Our evidential requirements are:

  • A statement from your client addressing the practical implications for them of the refusal
  • Copy of the reasons for refusal
  • Copies of supporting materials
  • Note on prospects from you.

Orders where expectations are defeated

Where the disposition or devolution of any property under a will or other instrument is different from what it would be had a person’s gender not become the acquired gender under the Act, they may apply to the Court of Session for an order on the ground of being adversely affected by the different disposition or devolution of the property. The court may make an order it considers appropriate including payment of a lump sum, transfer of property, settlement of property or acquisition of property and transfer of it to your client.

Our evidential requirements are:

  • Your client’s statement addressing what they stood to gain before the change in gender, compared to the situation after, and an explanation of the orders sought with details of why those are justified
  • Supporting witness statement and/or documentary evidence, or an explanation as to why none is available
  • Copy of the gender recognition certificate
  • Copy of the will or instrument

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