As approved by Press for Change (4th January, 1996)
Foreword
The Liberal Democrat MP, Alex Carlile is tabling a Private members Bill in the House of Commons on behalf of Press for Change and the United Kingdom's transsexuals. The bill has been allotted a second reading on February 2nd 1996 and, although not finalised, we are publishing here the form of words which has been approved by Press for Change.
(NOTE. This isn't quite the same as the actual bill put forward for second reading in the commons.)
The bill seeks, in as straightforward a manner as possible, to legislate a procedure for the annotation of the official Register of Births, recording a change of legal sex and forenames, in circumstances where an applicant has undergone medical treatment resulting in a permanent change of their public gender role. It is intended to eliminate the problems of privacy and social status otherwise experienced till now by such people, whilst providing legal continuity and preserving the historical record. It also, we believe, addresses contemporary medical practicalities insofar as not prescribing requirements which would exclude bona fide applicants for whom certain procedures would be clinically ill-advised .. placing the judgement of eligibility in the hands of those medical professionals best qualified to assess individual cases.
Readers interested in comparative approaches to such legislation (in Austria, Germany, Italy, The Netherlands, Sweden and Turkey) are directed to the appendix sections of the proceedings of the Council of Europe's 23rd Colloquy (Transsexualism, Medicine and Law), 14-16 April 1993 (ISBN 92-871-2805-7) where the full text of those laws is reproduced.
The Gender Identity (Registration and Civil Status) act, 1996
AN ACT to provide that the sex description in the Birth Certificate of a person who has undergone sex reassignment treatment may be amended so as to confer legal status in their reassigned sex and to provide for matters incidental thereto.
1. Interpretation
In this Act unless the contrary otherwise appears..
"Registrar General" refers to the Registrar General for Births, Marriages and Deaths.
"Regulations" refers to the Regulations of Births and Deaths Regulations 1987 and any amendment thereof.
"Sex Reassignment Treatment" means that reassignment treatment followed by a transsexual for a continuous period of not less than one year including all necessary or medically appropriate treatment advisable in the opinion of those involved in prescribing such treatment.
"Transsexual" means a person who suffers from that type of gender dysphoria which has required the undertaking of sex reassignment treatment such treatment generally including psychiatric assessment and medical and surgical intervention which has resulted in an alteration of that person's sex characteristics so that they no longer possess all the characteristics of their original sex and a visible closeness to the appearance of the other sex has been achieved.
2. Application for recognition of sex reassignment
Where a transsexual person born in the United Kingdom and who has attained the age of 18 years (before or after the commencement of this act) and is not married has undergone prescribed medical treatment to alter their sex characteristics to those closely resembling those of the other sex they may apply to the Registrar General to have the sex designation on the original birth certificate changed so that the designation will be consistent with the results of the treatment received.
3. Evidence
An application made under section (2) shall be accompanied by,
a). A prescribed fee (if any)
b) A Statutory Declaration in a form to be prescribed by the Registrar General for that purpose declaring..
* i. that there is included in the registration of the applicant's birth information to the effect that the applicant is of a specified sex; and
* ii. the applicant has undergone sex reassignment treatment which has effectively altered their sex characteristics to those of the other sex; and
* iii. that the applicant intends to live as a member of the other sex and wishes such sex to appear on the birth certificate issued in respect of them, and
* iv. that the applicant is not married at the time of the application.
c) A statement on a form to be prescribed signed by two medical practitioners legally qualified to practice medicine in the United Kingdom that they have..
* i. independently of each other examined the applicant; and
* ii. on the basis of that examination are satisfied that all advisable medical and surgical procedures to effectively give the applicant the sex characteristics of the other sex have been carried out satisfactorily; and
* iii. as a result of that treatment, the description of the sex of the applicant should be amended on the registration of birth of the applicant.
d) Any other evidence which may be required by the Registrar General to that effect or to the identity of the applicant.
4. Effect of Application
Upon being satisfied on the evidence as required under section (3) produced in support of the application made under section (2), and within 56 days of the date of the application the Registrar General shall make an amendment on the applicant's original birth certificate and all necessary Registers and indices or records relating thereto:
a) amending the statement as to sex therein, and
b) making such amendments as may be necessary for recognising a change of forename(s).
5. The Manner of Amendment
The manner of making any amendment required by section (4) shall be as laid down in Regulation 56(2) of the Regulations by marginal note.
6. Issue of New Birth Certificate
After such amendments have been made as provided in section (4) the Registrar General shall direct the issue to the applicant and any other authorised person a new Birth Certificate showing..
a) where new forename(s) have been included the new names as if they had been the person's name(s) since birth, and
b) the reassigned sex of the applicant as if they had always been a person of that sex. (2) The new Birth Certificate may bear a serial number which may indicate that earlier information is recorded in relation to the person named therein.
7. Effect of Amendment
>From the date of any amendment made under the provision of section (4) hereof, the applicant's rights and duties are to be governed by their new sex as amended upon the Birth Certificate, but and shall have..
a) no legal effect for any purposes, public or private, prior to that date and,
b) without prejudice to the generality of the foregoing, shall have no effect upon third party rights acquired prior to such date whether under Statute or the general law, Orders of Court or rights acquired or obligations incurred thereunder or under contracts, wills, intestacy, trusts or other private documents.
8. Searches and Document Copies
Notwithstanding the general provisions of sections 30 to 34 of the Births and Deaths Registration Act 1953 and any amendment thereof, no person shall be permitted by the Registrar General or any Superintendent Registrar to inspect any documents or records to which an application under section (1) relates nor be provided with copies, extracts or printouts from such documents or records unless..
a) The same is required by an Executor, Administrator or Trustee of a Trust and is material for the administration of that Estate or Trust
b) The applicant is the person to whom the information relates
c) 100 years have passed since the death of the person to whom the information relates
d) Upon an order of the Family division of the High Court
e) Any Government Department or Agency having an interest in the fact that an individual has had a registration of sexual reassignment registered under section (3) hereof or a change of names.
9. Short Title and Commencement
i. This Act may be cited as the Births, Marriages and Deaths Act 1996
ii. This Act shall come into force on the ___ day of 199__
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