Source · Select Committees · Women and Equalities Committee
Recommendation 11
11
Paragraph: 104
There are significant problems with the requirement to have lived in the acquired gender.
Recommendation
There are significant problems with the requirement to have lived in the acquired gender. There is no clear, accepted or agreed definition of what living like a man or a woman is. This makes it difficult for a person to demonstrate whether they are masculine or feminine enough to obtain a Gender Recognition Certificate. The requirement also risks entrenching outdated and unacceptable gender stereotypes. The Government should remove the requirement to have lived for a set period of time in the acquired gender from the gender recognition process immediately.
Paragraph Reference:
104
Government Response
Not Addressed
HM Government
Not Addressed
23. It is our view that the position we set out in September 2020 is right and appropriate. The evidential requirements in the GRA ensure that the legal gender recognition process is rigorous and provides assurance that the system is robust. 24. The assessment by the Panel is based on the evidence provided, and the input of two independent medical experts, and does not look for or consider whether an applicant’s behaviours and presentation conforms to any gender-based stereotypes. 25. The Act requires that the applicant has lived in their acquired gender throughout the period of two years ending with the date the application is made. The evidence required can be documents, such as passport and driving licence, and correspondence with organisations such as HMRC, DWP or other bodies, payslips, utility bills, academic certificates and the like, where the applicant can be seen to have, for example, changed their name or title. This is routine documentary evidence, rather than evidence based on stereotypes. 26. We recognise that the application process can be made simpler. We have already reduced the fee to £5 and our work to digitise the application process will also help