Select committee: Women and Equalities Committee
Recommendation 13
Third report- Reform of the Gender Recognition Act
Published 21 Dec 2021
Paragraph 116
Addressed to Government Equalities Office
Women and Equalities Committee Reform of the Gender Recognition Act All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Recommendation (the committee's words)
We have carefully considered the arguments for and against the spousal consent provision. The choice to transition by one spouse can, for some, fundamentally change the nature of the relationship and the marriage contract. The spouse of the person transitioning must be informed of their spouse’s decision to change their legal sex. We understand the importance of the spousal consent provision and the availability of the option for annulment for some individuals, including those from religious communities where divorce and same-sex marriage is not regarded favourably. On balance, we do not believe that the lack of consent from a spouse to remain in the marriage after the legal transition should lead to delay in an individual obtaining a full Gender Recognition Certificate. The current system places the burden for obtaining consent, or an annulment, on the parties to the marriage or civil partnership through the issue of an interim certificate. This has created delay and unfairness, which has led to trans people saying that this denies their basic rights and agency over their own bodies, and places it in the hands of their spouses.
From: Women and Equalities Committee, Third report- Reform of the Gender Recognition Act (HC 977), paragraph 116, 21 December 2021
Government response
The government responded to the whole report on 24 March 2022 (deadline 21 February 2022).
Summary written by Accountability Index from the government's response. It is not the government's own words.The government states that its September 2020 position on the Gender Recognition Act "is right and appropriate" and that it will not change the legislation, while pointing to administrative improvements such as the fee cut and digitisation.
- On the diagnosis of gender dysphoria, the government declines to remove it, saying the requirements ensure the process is "rigorous", but says it will amend the reference to a "disorder" via a remedial order "in due course".
- It does not consider it necessary to change the statutory declaration, and considers it "equitable" for spousal consent to remain, as it is a safeguard for the non-transitioning spouse.
- It says the digital application process is in testing and "will be operational by summer 2022", and that applicants can still use the paper process if they prefer.
- It does not consider a formal healthcare strategy for transgender and non-binary people necessary, while DHSC says it is "happy to provide the Committee with annual updates" on the pilot clinics' progress and waiting times.