Changing legal documents

Individuals can apply for a Gender Recognition Certificate if they want their acquired gender to be legally recognised in the UK – though many trans people choose not to apply as the process can be quite lengthy.

Currently in the UK, the law says that everyone is either legally male or legally female and that this is determined by what it says on your birth certificate. This means that for certain things that are controlled by law (such as pensions, marriage and prisons,) individuals may be treated as the gender on their birth certificate regardless of their gender identity and regardless of whether they hold other documents in their acquired gender.

Currently only male and female are recognised as legal genders in the UK – non-binary individuals are not legally recognised.

Individuals can only obtain a new birth certificate once they have received their Gender Recognition Certificate.

Individuals can apply for a Gender Recognition Certificate if all the following are true:

• They are 18 or over
• They have been diagnosed with gender dysphoria (discomfort with their birth gender) – this is also called gender identity disorder, gender incongruence or transsexualism
• They have lived in their acquired gender for at least 2 years
• They intend to live in their acquired gender for the rest of their life

See Government guidance for more information and an alternative application route.

Click here to access further information on applying for a Gender Recognition Certificate

It is possible to change documents WITHOUT a Gender Recognition Certificate

Under the age of 16, parental consent is required from each person with Parental Responsibility.

Over the age of 16 a young person can choose to change their name legally by deed poll or with a Statutory Declaration without parental consent (see below).

It can feel overwhelming if you Google how to legally change your name as there is so much information! 

We have tried to provide the ‘essentials’ to keep things as simple as possible, but it’s still quite a lot to read through so if you are finding it difficult please get in touch for support:  hello@free2b.lgbt 

DEED POLL 

There are three main options to obtain a deed poll – DIY, online services or going to a solicitor. We will look at each of these in turn.

DIY – WRITE YOUR OWN

You do not have to pay for a deed poll and can make your own. 

You will need 2 witnesses to sign it and provide their names and addresses in order for it to be valid. The witnesses must  be over 18 and must not be related to you.

Even though it is completely legal to do this, you may be questioned when trying to use it, so it is recommended to print it out on to high-quality paper to make it look as official as possible.

Gendered Intelligence have kindly created a template for people to create their own deed poll.

ONLINE SERVICES

There are lots of online sites and many have very official looking logos and language which can make it difficult to know which one to use. A straight forward option that is often listed on trans sites is the UK Deed Poll Service

Adult £33 (£23 if in receipt of benefits) 
Child £35 (£25 if in receipt of benefits)

The form can be filled out online, by phone or by post – then the paperwork is sent back to you to get it witnessed (they provide instructions for this). They also have a helpline if you need support: 0333 444 8484

SOLICITORS

Some people choose to go to a solicitor to have their deed poll prepared. It is NOT a legal requirement to have it prepared and signed by a solicitor, it is just another option available to you. 

You will need to search online for local solicitors and check from their website if they do provide deed polls and check the cost. Members have advised costs can be anything from about £50 upwards.

It’s also important to check what the cost includes –  solicitors often charge extra to provide several original copies. This can be useful for people who need to change their name with multiple agencies (for example, their bank, driving licence, passport, employer, GP etc) as each agency will request an ‘original’ not a photocopy. But for young people it is less likely that you will need as many copies.

ENROLLING YOUR DEED POLL

This is NOT a legal requirement but it is an option if you want your name change to be on public record. Some financial or government agencies require your deed poll to be enrolled. 

You can only enroll a deed poll if you are aged 18+

Click here to access the government forms

STATUTORY DECLARATION 

A statutory declaration is a document declaring your name change, similar to a deed poll. The difference  is that a statutory declaration must be sworn in front of someone who is authorised to notarise it  –  a solicitor or a clerk to a magistrates court.

A solicitor will charge you a fee to write the declaration (which will vary depending on the solicitor), but if you do this yourself, having the document notarised should cost no more than £5.

Gendered Intelligence have kindly created a statutory declaration template.

Unlike a deed poll which can be enrolled a statutory declaration does NOT provide an official record of the change of name so may not be as widely accepted.

GET SUPPORT

We know that this is a lot of information to go through, so if you’re not sure what to do and need help understanding the process, please get in touch with us at Free2B: hello@free2b.lgbt

A gender marker is used on some records such as your birth certificate, medical records, passport and driving licence.

Unfortunately at present only male and female are recognised as legal genders in the UK – non-binary individuals are not legally recognised. This means records can only have an ‘F’ or an ‘M’ to indicate a person as female or male.

You can change your name on records but the gender marker will remain the same unless this is also changed (changing your name does not automatically change the gender marker).

For example – a person is assigned male at birth with the name David Smith

They are a trans female and legally change their name to Sarah Smith

At this stage if they updated their passport ONLY with the change of name documents, their passport would read:

Sarah Smith (M)

Therefore, they also have to request a change of gender marker so that their passport would be updated as:

Sarah Smith (F)

See the section below on changing documents

Changing your gender marker with your GP

In order to change a patient’s gender marker (e.g. changing ‘male’ to state ‘female’ and vice versa) a new NHS record is required to ensure it is correct across central systems. This can be completed at the patient’s request WITHOUT the need for a Gender Recognition Certificate. Not all GPs are aware that this can be done without a Gender Recognition Certificate. Free2B has created a helpful flyer for GPs – please ask us if you’d like a copy to take to your GP.

Please note you will need to provide written consent requesting that your GP transfers the information from your old record over to your new record as this does NOT happen automatically. If you do not request this in writing none of your past medical information will be available to your GP.

The NHS send out medical reminders for gendered procedures (such as cervical smear tests and prostate exams) based on the gender marker on your record. This will mean unfortunately once you have changed your gender marker with your GP, you  will receive invites to tests that are not needed but more importantly – you will NOT receive reminders for tests that you do need. It is unfortunately currently up to trans patients to keep on top of what checks they require.

Please access this helpful HM Passport Office Guide for trans applicants.

Obtaining a new passport or amending an existing passport

• Passport form
• Passport sized photograph
• Original change of name document (not a copy)
• Doctor’s letter stating change of gender*
• Original birth certificate if this is your first passport 

*Info below from the GenderKit website:

To update the gender marker in your UK passport, you will need:

• either a letter indicating your change of gender

  This is a letter written by a medical professional which should clearly state that the professional believes your change of gender is “expected to be permanent”. The letter could be written by your GP or a gender specialist you have seen at a gender clinic, and they will normally charge you money for writing this letter. If the letter does not indicate this is a “permanent” change, your application may be rejected and you may need to make a new application. Home Office guidance suggests that if you cannot provide such a letter, you might instead be able to make a statement confirming you permanently use the preferred identity instead.

• or a gender recognition certificate

  You do not need a gender recognition certificate (GRC) to change the name or gender on your passport, driving license, or any other identification other than your birth certificate. However, if you have a GRC already, you do not need to send evidence of your change of gender or a letter, and can send either the GRC or your updated birth or adoption certificate.

Complete the application for a new passport and send this with a copy of the health professional’s letter and a copy of the Statutory Declaration or deed poll.

Individuals must also send their old passport back if they have one. If they have not held a passport before, then they must also send their original birth certificate to the passport office.

If the individual is 16 or over, this can be done without parental consent.

If the individual is under 16, their parents will need to sign the letter. However, there is no minimum age restriction on when a person can change the gender on their passport if they have the appropriate documentation.

Changing the name or gender on a driving licence

Form D1 ‘Application for a driving licence’ for a car or motorbike licence

Form D2 ‘Application for a lorry/bus licence’ for a lorry or bus licence

Available from the post office or online.

Provide one of the following documents with your application:

a deedpoll

a statutory declaration *

gender recognition certificate

*You can get an official statement confirming that you’ve changed name or gender (called a ‘statutory declaration’) from:

a solicitor

a magistrate

a commissioner of oaths

To change the photo at the same time, send:

a recent passport-style photo

a cheque or postal order for £17, payable to DVLA (there’s no fee if you’re over 70 or have a medical short period licence).

Proud Parent group member 2019:

 “My child changed their driving licence (photo ID) – this was very easy to do and did not cost anything. The deed poll was used to change their name with the GP, however, this is still not always so straightforward in terms of how they and other medical agencies address them or refer to them.”