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Scottish gender certificates may be invalid in rest of UK

Transgender
10 January 2023
Trans girl

UK Ministers have suggested that they may not recognise gender recognition certificates issued under a controversial new Scottish framework, it has emerged.

In December, the Scottish Parliament gave final approval to radical new legislation that will allow people to "self-declare" their legal sex, and obtain a new birth certificate.

Previous rules requiring a person to be diagnosed with gender dysphoria and live in their "acquired gender" for a period of two years were scrapped under the legislation.

Rules requiring applicants for a gender recognition certificate (GRC) to be over the age of 18 were also scrapped and 16-year-old children in Scotland made eligible.

The UK Government has suggested that Scotland may be added to a list of countries with less-rigorous gender recognition laws as a result of the move, which is yet to be finalised.

People with GRCs from countries not on a list of approved counties and territories have to apply for a UK certificate in order for their gender to be recognised in UK nations.

It is also understood Scotland Secretary Alister Jack has received legal advice on how the UK Government could block the Scottish legislation before it received Royal Assent.

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