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What process do you have to go through to be recognised as trans in daily life?

In most cases, you don’t need to go through any legal or formal process. Transition can be any steps you take to express your gender identity, such as changing your pronouns. The Equality Act 2010 protects anyone proposing to undergo, is undergoing, or has undergone a process of ‘reassigning their sex’ from discrimination based on ‘gender reassignment’. You do not have to have taken any medical steps in your transition in order to be protected by this legislation. You can use the bathroom that fits your gender, expect your employers to recognise your gender, and access gender-specific public services.

To update your gender on a passport and driving licence most people will just need a note from a doctor. That’s what’s so frustrating about some of the current media debate – many of the trans rights discussions happening now are about things already established and protected by law.

One thing that causes a lot of difficulty and pain for some trans people is getting the gender on their birth certificate changed. This process is something that’s governed by the Gender Recognition Act 2004. The Government (England & Wales) held a public consultation into reforming the Act in 2018 and published their response in 2020. The majority of feedback supported full reform, including de-medicalisation, non-binary recognition, and a simplified, cost-free process for obtaining a Gender Recognition Certificate. In spite of this, the Government decided only to reduce the fee for applying for a Gender Recognition Certificate, and to move the application process online. You can read Stonewall’s response here.

Non-binary people aren’t currently recognised in legislation. Among other things, this means they must choose between ‘male’ and ‘female’ on official documents like passports and driving licences. However, a positive 2020 Employment Tribunal ruling stated that non-binary and genderfluid people could be protected from discrimination under the 2010 Equality Act. This judgment will be key in supporting future judicial decisions.

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