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Gender Recognition

This note explains briefly how the Gender Recognition Act 2004 operates in Scotland in relation to the registration of births. The Act came into force in April 2005.

Background

Under the laws of the United Kingdom, individuals are considered to be of the gender (either male or female) that was registered at their birth. The Gender Recognition Act 2004 (which applies throughout the UK) enables transsexual people to apply to the Gender Recognition Panel to receive a Gender Recognition Certificate. Applicants who are granted a full Gender Recognition Certificate, from the date of issue, are considered in the eyes of the law to be of their acquired gender. A holder of a Gender Recognition Certificate is able to enjoy all the rights appropriate to a person of his or her acquired gender.

Birth Certificate

A person who is granted a Gender Recognition Certificate and whose birth was registered in the UK is also able to obtain a new birth certificate showing his or her recognised legal gender.

A birth certificate is an extract from the entry in the birth register made when a person’s birth is registered. It contains the facts of a person’s birth, including name and gender.

The Gender Recognition Panel notifies the Registrar General for Scotland of the issue of a Gender Recognition Certificate to a person whose birth (or adoption) was registered in Scotland. The Registrar General for Scotland keeps a Gender Recognition Register in which the birth of a transsexual person whose acquired gender has been legally recognised will be registered showing any new name(s) and the acquired gender.

This enables the transsexual person to apply to the Registrar General for Scotland for a new birth certificate showing the new name(s) and the acquired gender. The format of the new birth certificate would match that of the original birth certificate, other than it would show the new name(s) and the acquired gender.

In the case of an adopted person, a new extract from the Adopted Children Register would be issued if appropriate.

Both full and abbreviated birth certificates are available. Abbreviated certificates are extracts of the information contained in the register and show only the name, sex, date of birth and place of birth. One abbreviated certificate is issued free of charge to each holder of a Gender Recognition Certificate.

What happens?

The Registrar General for Scotland sends the holder of a Gender Recognition Certificate a draft of the information to be recorded in the Gender Recognition Register in the form of a draft birth certificate. This helps to clarify what the birth certificate would look like and to resolve any questions before the registration goes ahead. On confirmation that the draft contains the correct information, the Registrar General creates a new record in the Gender Recognition Register. Current contact details such as address would not be recorded in the register.

The Registrar General for Scotland maintains a confidential link between the original birth record and the record in the Gender Recognition Register. The Gender Recognition Register is not open to public scrutiny.

Contacts

If you would wish to apply to the Gender Recognition Panel you will be able to obtain contact details on their website.

If you would like more information on how the birth registration process works in Scotland, then please Gender Recognition section using our Contact Form.