A UK trans man is taking legal action after the Gender Recognition Panel (GRP) refused his application for a Gender Recognition Certificate (GRC), citing his intention to conceive a child.
Under the Gender Recognition Act, trans people in the UK can apply for a GRC to have their affirmed gender legally recognised on official documents. Applicants must:
- be over 18
- have a diagnosis of gender dysphoria
- prove they’ve lived in their gender for at least two years
- state their intention to live in that gender for life
But in this case, the GRP reportedly argued that wanting to conceive meant the applicant had not truly been “living as a man.”
Human rights challenge
The Good Law Project, which is representing the man, brought the case to the High Court in July. The organisation argues that the panel’s decision breaches his human rights and directly contradicts rulings from the European Court of Human Rights (ECHR).
The ECHR has previously held that trans people cannot be forced to undergo sterilisation or stop trying to conceive in order to have their gender legally recognised.
Jess O’Thomson, spokesperson for the Good Law Project, condemned the panel’s decision:
“Requiring that a minority does not have children reeks of eugenics. Trans people are being ripped up, and it feels like no one has the courage to say so.”
Rollbacks under scrutiny
Currently, at least 25 countries still require sterilisation for legal gender recognition, while 106 countries have banned the practice.
In the UK, legal gender change was only made possible in 2005 after the ECHR ruled that refusing to recognise trans people violated international human rights law.
Campaigners fear this case signals a disturbing regression. O’Thomson said the decision “violates trans people’s human rights” and vowed the Good Law Project would fight “archaic rollbacks” of trans rights.
The High Court’s ruling will be published in due course.
