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Publication - Consultation Paper

Review of the Gender Recognition Act 2004: consultation

Published: 9 Nov 2017
Part of:
Communities and third sector, Research

This consultation seeks views on proposals to reform the Gender Recognition Act 2004.

182 page PDF


182 page PDF


Review of the Gender Recognition Act 2004: consultation

182 page PDF



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3 The 2011 census estimates that there were 1,042,597 people under 18 in Scotland, see

4 At .

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6 At

7 Kennedy, N. & Hellen, M. (2010) Transgender children: more than a theoretical challenge. Graduate Journal of Social Science, 7 (2), 25–43.

8 Ristori, J and Steensma T.D “Gender dysphoria in childhood” in International Review of Psychiatry, Gender dysphoria and gender incongruence, Vol 28, 2016 Issue 1.

9 Wallien and Cohen-Kettenis “Psychosexual outcome of gender-dysphoric children” Journal of the American Academy of Child and Adolescent Psychiatry , 47, 1413–1423.

10 Di Ceglie, D., Freedman, D., McPherson, S. & Richardson, P. (2002) Children and Adolescents Referred to a Specialist Gender Identity Development Service: Clinical Features and Demographic Characteristics. International Journal of Transgenderism.

11 Di Ceglie etc al (2010) above, and Steensma T.D et al (2010) “Desisting and persisting gender dysphoria after childhood; A qualitative follow up study”, Clinical Child Psychology and Psychiatry Vol16 issue 4

12 Steensma T.D et al (2010) above.

13 This was indicated in the studies referenced in Annex A which used the Child Behaviour Checklist

14 Mental Health of Transgender Youth in Care at and Adolescent Urban Community Health Centre: A Matched Retrospective Cohort Study, Sari L. Reisner and Ors, Journal of Adolescent Health March 2015 Vol 56 Issue 3 pages 274-279

15 Rebeca Robles et al “Removing transgender identity from the classification of mental disorders: a Mexican field study for ICD-11”

16 Dhejne C et al “Mental Health and gender dysphoria: A review of the literature (2016)

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21 Births, Deaths and Marriages Registration Act 1997, section 24(2).

22 At the URL below

23 Information on the process is at The legislation is the Vital Statistics Act, at section 27 here-

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27 At and .

28 Unless the child has an intersex condition/variation of sex development, in which case an application can be made notwithstanding they are under 6 years of age.

29 The Scottish Government understands that the age of legal majority is 18 in Spain. See The Legal Status of Transsexual and Transgender Persons, Jens M Scherpe (ed) Spain at page 268.