Question

To ask the Minister for Women and Equalities, if she will reform the Gender Recognition Act 2004 to allow transgender people who are deceased to be legally remembered by the gender they lived by.

We recognise the sensitivity of these situations, particularly when family and friends are dealing with the loss of a loved one. The Gender Recognition Act (GRA) 2004 provides for people to change their legal gender. Those who have undergone this process and acquired a Gender Recognition Certificate (GRC) before the time of their death will, of course, be recognised in their new gender.

Without undergoing the process of legal gender recognition and acquiring a GRC under the provisions laid out in the GRA 2004, a person has not legally changed gender. Therefore they would not be recognised in their new gender upon the unfortunate event of their death. That said, where a person was using their new gender with an organisation prior to their death, and that was on their personal records, then we anticipate that the organisation would engage with their family members using the new gender. These organisations could include the NHS, their place of work or community groups.

We recognise that everyone who decides to undergo a change in how their legal sex is recorded deserves our respect, support and compassion throughout the process. The process does not currently allow for third party applications, such as posthumous applications on behalf of a deceased friend or relative, as any application will be a deeply personal undertaking and choice.

Following the GRA consultation and the subsequent changes we made to the application process, we have no plans to further amend the Act.