 Document (June 2011) | [Archive copy hosted by UK Trans Info] |
| Old Version (April 2005) | [Archive copy hosted by UK Trans Info] |
| Document (Current Version) | [Link to copy hosted by Gender Recognition Panel] |
Brief Summary
List of countries and territories that have a gender recognition system that is approved for use an the overseas track gender recognition certificate application.
Extract from website
Many other countries and territories now make provision in their law for transsexual people to change gender. Having obtained legal recognition for their change of gender in a country or territory outside of the UK, they may then wish to have that gender change recognised in the UK. For example, they may wish to marry someone here, or they may be living or working here.
Except where the original change of legal gender took place within the European Union (EU) or European Economic Area (EEA), the Gender Recognition Act 2004 does not provide for overseas gender changes to be automatically recognised in the UK. However, it does allow a person whose change of gender has been recognised overseas to apply for a gender recognition certificate on the basis of a simplified procedure, provided the country or territory in question is one which has been approved for this purpose by the Secretary of State.
The countries and territories that have been approved are set out in legislation made by the Secretary of State, and in each the gender change occurred under the law of that country or territory. In addition, they will all have required the applicant to comply with appropriate rigorous requirements, such that the UK can be satisfied there has been a proper assessment of the permanence of the gender change. This is to reflect the policy underlying the Gender Recognition Act that an individual must have taken decisive steps to live fully and permanently in their acquired gender.
The precise requirements applied in the overseas country vary. In most cases this will have involved gender reassignment surgery, but in some cases other evidence of permanence may have been involved (just as in the UK surgery is not a requirement of gender recognition). In most cases there will have been a long period living in the acquired gender. However, the precise requirements are a matter for the country concerned, and the requirement to provide evidence of having lived in the acquired gender for 2 years does not apply to such cases.
A country or territory which is not included in the subordinate legislation is not an approved country or territory. Applications in these circumstances must be made on the basis of having lived for a certain length of time in the acquired gender and can be made using a T450 application form.
The table of gender recognition schemes in countries and territories that have been approved by the Secretary of State provides a summary of the requirements applied in each of the countries or territories that have been approved. The Gender Recognition Panel welcomes information about countries or territories that have the potential to be approved once appropriate authentication checks have been carried out. It should be noted however, that additions can only be made following the successful passage of amending legislation through both Houses of Parliament.
