Amend the Gender Recognition Act to allow for posthumous and expedited grants

Amend the Gender Recognition Act (2004) so that: - Family of a dead trans person with no GRC can apply for a GRC and reissued death certificate via statutory declaration - Where a trans individual has been diagnosed with a terminal illness, they can acquire a GRC via statutory declaration

One of the primary functions of a GRC has to do with dignity in death.

Where a trans individual of any age dies unexpectedly, or is diagnosed with a terminal illness and does not have the time to go through the process, a source of trauma for them and/or their family/friends may be that their death certificate will be in the wrong gender.

Allowing for a process based on statutory declaration in these extenuating circumstances is a small step towards rectifying the indignity of this scenario.

We recognise the sensitivity of these situations, particularly when family and friends are dealing with the loss of a loved one, or when someone is diagnosed with a terminal illness. The Government recognises that, in this context, many would have instinctively supported this petition.

The Government is also committed to upholding Britain’s long-standing record of protecting the rights of individuals against unlawful discrimination and wants people who are transgender to be able to live their lives as they wish.

In 2018, the then Government launched a consultation on reforming the Gender Recognition Act (GRA) 2004. The debate around this consultation was intense and it received more than 100,000 responses. As part of the consultation process and since it closed, considerable work went into meeting with approximately 140 representative organisations, including transgender and women's organisations. The GRA is an important issue and we wanted to ensure it was fully considered and all opinions were heard.

As announced in September 2020, we believe the current provisions in the GRA are effective and allow for those who wish to legally change their sex. The processes in place reflect the right checks and balances. Everyone who decides to undergo a change in how their legal sex is recorded deserves our respect, support and compassion. The process of changing one’s legal sex is a serious and legally meaningful undertaking which requires appropriate checks and a level of formality. The process does not allow for third party applications as any application will be a deeply personal undertaking and choice. Applicants must also meet a range of requirements set out in the Act, including that the applicant be over 18. We believe the legislation strikes the right balance and have no plans to change it.