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These Orders prescribe the countries and territories that are approved by the Secretary of State for the purposes of the Gender Recognition Act 2004 for use in the overseas track. The original list made in 2005 was replaced as from 4th July 2011 with a new list that added nine countries and territories but also removed two countries.

Explanatory Note (2011 version)

This Order revokes and re-makes, with amendments, the Gender Recognition (Approved Countries and Territories) Order 2005 (S.I. 2005/874). It adds nine countries and territories to the list of countries and territories that are approved by the Secretary of State for the purposes of the Gender Recognition Act 2004 (the “Act”) (the Canadian province of Prince Edward Island, Croatia, the Czech Republic, Liechtenstein, the Federal District of Mexico, Serbia, Singapore, South Korea and Uruguay) and removes two countries (Latvia and Serbia and Montenegro).

Section 1(1)(b) of the Act permits applications for a gender recognition certificate on the basis of having changed gender under the law of a country or territory outside the United Kingdom. Applicants under section 1(1)(b) are required by section 3(5) to provide evidence that they have changed gender under the law of an “approved country or territory” outside the United Kingdom. An “approved country or territory” is defined by section 2(4) as one prescribed by order made by the Secretary of State.

Applicants under section 1(1)(b) need not meet the evidentiary requirements in sections 3(1) to (4), which apply to applications under section 1(1)(a) of the Act. These include a requirement to provide one or more medical reports from a registered medical practitioner or a chartered psychologist.

Approved Countries and Territories (2011 version)

  • The Australian territories of Australian Capital Territory and Northern Territory and the states of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia
  • Austria
  • Belgium
  • Bulgaria
  • the Canadian provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec and Saskatchewan and the Yukon Territory
  • Croatia
  • Republic of Cyprus
  • Czech Republic
  • Denmark
  • Estonia
  • Finland
  • France
  • Germany
  • Greece
  • Iceland
  • Italy
  • Japan
  • Liechtenstein
  • Luxembourg
  • Malta
  • the Federal District of Mexico
  • Moldova
  • Netherlands
  • New Zealand
  • Norway
  • Poland
  • Romania
  • Russian Federation
  • Serbia
  • Singapore
  • Slovakia
  • Slovenia
  • South Africa
  • South Korea
  • Spain
  • Sweden
  • Switzerland
  • Turkey
  • Ukraine
  • the District of Columbia and all of the States of the United States of America except for Idaho, Ohio, Tennessee and Texas
  • Uruguay

 

 

 

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