Date Series Part 2 of Name change Tags legal

Do I need a Gender Recognition Certificate to change my name and/or title?

No, you do not need a GRC to change your name and/or title to ones that better suit your gender identity. In fact you would struggle to get a GRC without having already changed your name and title in this way. As soon as you have changed your name and/or title using the information below, you can start using your new name and title on all documents, including passports, driving licences, medical records and correspondence with other organisations such as banks and utility companies. You will also be able to get any past qualification certificates changed, and use a special procedure to protect your privacy when having a DBS (previously CRB) check. However you will need a GRC before you can get a new birth certificate.

How do I change my title?

Most titles (such as Mr, Ms, Miss, Mrs and Mx) are not controlled by law in the UK. You can change your title to any of these, or one of the many other options, without doing anything special and without any documentation. Organisations should therefore update your title on request, and if you are only changing your title (and not your name) then you can just write to organisations to ask them to update their records. You can use any of these titles regardless of your legal gender.

Although it is not required or necessary in most cases, it is possible to include your title change on a deed poll or statutory declaration. This can be particularly useful if you are using an uncommon title such as Mx.

Certain titles (such as Dr, Prof, Lord, Sir, etc) are controlled by law and you cannot change your title to them unless you are entitled to use them.

If you are currently entitled to use a gendered non-inherited title such as Sir or Lady then you are also entitled to use the other gendered equivalent. For example you can choose between Sir and Dame, or Lord and Lady. However, this does not always apply if you are only allowed to use the title because of who you are married to. For example someone who is legally the wife of a male peer is entitled to use the title Lady, but wouldn't be able to use the title Lord as the same courtesy does not extend to husbands of Baronesses, and nor does it apply in same-sex relationships.

If you are currently entitled to use a gendered inherited title such as Viscount or Lord then legally your title does not change unless you obtain a gender recognition certificate. However in order to comply with the Equality Act organisations should refer to you using the other gendered equivalent if you request it.

What can I change my name to?

In the UK there are almost no restrictions on what name you can change your name to as long as it is not changed for fraudulent purposes. However, it is a bad idea to have names that don't meet the following requirements, because places like the Passport Office and DVLA won't or can't for policy or technical reasons accept them -

  • You should have at least two names (eg a first and a last name),
  • It should be possible to pronounce your name,
  • You shouldn't use any punctuation apart from hyphens in double-barrelled names and apostrophes in surnames,
  • Your name shouldn't be offensive, blasphemous or vulgar,
  • You shouldn't change your name so that it looks like you have a status or honour that you do not, for instance having "Doctor", "Prince" or "Lord" as your first name.

Can I change my name if I am under 16 years old?

If you live in England, Wales or Northern Ireland:

Yes but you will need permission from everyone who has parental responsibility for you - even if you haven't had contact with one or all of them for years. Usually this means the people who are named on your birth certificate or adoption certificate. If you are under a care order then the Local Authority will have parental responsibility so they will have to consent.

If one (but not all) of the people who has parental responsibility for you is not contactable or refuses to give permission, then the person who does give permission will need to apply to the court for a "specific issue order". There is a charge to apply for this court order, but if the person applying is on a low income there may be help available with this. To apply for the specific issue order: (Fees correct May 2015)

  • England and Wales - Complete form C100 using guidance notes in leaflet CB1 and send it to a Family Court. The court fee is £215 and information on help with the fee is available here.
  • Northern Ireland - Complete form C1 (FPC) and return it to your nearest Magistrate's Court, or complete form C1 (FCC) and return it to a County Court. The court fee is £50 in the Magistrate's Court or £75 in the County Court and information on help with the fee is available here.

If you need to make sure that the other person with parental responsibility does not find out where you live, please contact the court in advance for further advice. Please note that court orders for a change of surname (last name) are often, but not always, declined if you currently share a surname with a parent who doesn't consent. Court orders to change first and/or middle names only are more likely to be successful.

If you live in Scotland:

Yes but you will need permission from at least one person who has parental responsibility for you. Usually this means the people who are named on your birth certificate or adoption certificate. If you are under a care order then the Local Authority will have parental responsibility so they will have to consent.

The person giving permission must also consult with everyone else who has parental responsibilities and rights, as far as practical, and take their views into account. It doesn't matter if the other people disagree, but they must be consulted. If they have lost touch with any of the other people who have parental responsibility then they must take all practical steps to try to get in touch, but if that fails then they can continue without consulting them.

If the person giving permission does not want to consult with everyone else who has parental responsibility, then the person who does give permission will need to apply to the court for a "specific issue order". To do this complete an intial writ on form G1 and send it to your nearest Sheriff Court. More information is here. The court fee is £87 (correct May 2015) and information on help with the fee is available here. If you need to make sure that the other person with parental responsibility doesn't find out where you live, please contact the court in advance for further advice.

Please note that court orders for a change of surname (last name) are often, but not always, declined if you currently share a surname with a parent who doesn't consent. Court orders to change first and/or middle names only are more likely to be successful.

Can I change my name if I am 16 or 17 years old?

Yes, unless there is a court order in place that says you can't (in which case you will have to wait until you are 18) then you don't need anyone's permission. Anyone who has parental responsibility for you could ask a court to overrule it, but the court would usually allow the name change apart from in exceptional circumstances.

Can I change my name if I am not a British Citizen?

Yes, but your name change may only apply in the UK and you may have difficulties. You should check with your local Embassy in the UK to see if it will be accepted in the country you are a citizen of, and if they have any special requirements. If they won't accept it then you can still change your name for UK purposes, but because your passport and any visas will still be in your previous name you may find it difficult to get all records updated. However there is nothing to stop you from working, studying, paying taxes, renting a property or anything else in a different name from the one on your passport and visa. If you do this, ensure that you provide both names when applying for or extending your visa.

What are the best ways to change my name?

In the UK the law says that you can change your name just by starting to use a new name (subject to parental permission if you are under 16). As long as it isn't for fraudulent reasons, there is no legal requirement for any documentation whatsoever when it comes to making a change of name and you can have as many names as you want. Indeed it can be argued that any organisation demanding to see documents such as deed polls may be breaking the law, as Jane Fae explores in this article.

However in practice many organisations will not update your records without seeing evidence that your name has changed and that you have abandoned your previous name. There are several ways to produce this evidence:

Free Deed Poll

The cheapest option is a deed poll as you can usually make your own for free, print it out and have it witnessed by almost anyone you know. There are several options for making a deed poll, including -

  • using the Free Deed Poll UK site if you are at least 18 years old and a British Citizen or Commonwealth Citizen,
  • using the Free UK Deed Poll site if you are at least 18 years old and a British Citizen,
  • using MD Pryke Notary Public template if you are at least 16 years old,
  • using the Easylawyers Deed Poll template if you are under 16. This deed poll must be completed by someone with parental permission. Where the template uses gendered language (eg son/daughter, he/she) you should use the language that matches the new name. For a non-binary person you can change son/daughter to child and he/she to they, but we can't guarantee that everywhere will accept it. You will also need a consent letter (unless there is a court order). Examples of these can be found here, but do not use the service on that website without first reading the rest of this page.

If you are using an uncommon title such as Mx then it can be useful (although not required) to include your title on your deed poll. To do this, add the following line after the line that starts "I authorise and require...":

I FURTHER HEREBY DECLARE that I entirely renounce, relinquish and abandon the use of my said former title [OLD TITLE] and assume, adopt and determine to take and use from the date hereof the title of [NEW TITLE] in substitution for my former title of [OLD TITLE].

You should print your deed poll on good quality paper, and you might want to make several copies. Your deed poll requires two witnesses. These can be any two people who are at least 18 years old, live in the UK, don't live at the same address as you and aren't related to you. They do not need any special qualifications or need to have any particular job. If you cannot find two witnesses then the first two sites above allow you to generate a deed poll with only one witness. Once signed and witnessed the deed poll is complete - it doesn't need to be registered anywhere and can be used as proof of name change immediately.

Statutory Declaration

If you would prefer a document that has been checked and signed by someone official, then a statutory declaration is the cheapest option. You can make your own statutory declaration and print it out but then you must take it to a solicitor who will witness you signing it. They are only allowed to charge between £5 and £10 for this (depending on where in the UK you are) and many will do it without an appointment. You can also have it witnessed by a notary public or magistrate, but they may charge slightly more. There are several options for creating a statutory declaration, including:

If you are using an uncommon title such as Mx then it can be useful (although not required) to include your title on your statutory declaration. To do this, add the following line after the line that starts "I absolutely and entirely renounce...":

I ALSO ABSOLUTELY and entirely renounce relinquish and abandon the use of my former title of [OLD TITLE] and assume adopt and determine to take and use from the date hereof the title of [NEW TITLE] in substitution for my former title of [OLD TITLE].

You should print your statutory declaration on good quality paper. The solicitor can make you extra copies, but will probably charge for this.

Be aware that although many solicitors are willing to create statutory declarations for you, this can be very expensive and has no benefit. If you take a free version using the links above then they can only charge a set fee of between £5 and £10.

Once signed and witnessed by the solicitor the statutory declaration is complete - it doesn't need to be registered anywhere and can be used as proof of name change immediately.

What other ways are there to change my name?

We recommend that you either make a free deed poll or statutory declaration as described above. There are also a number of other ways to change your name that we do not recommend:

Deed Poll Services

There are a number of organisations online (such as UK Deed Poll Service and the UK Deed Poll Office) who will prepare deed polls for you. They usually charge between £10 and £40 for this service. These organisations are not in any way official or licensed, and all they do is print you a document on fancy paper. There is absolutely no advantage to using one of these organisations as the free deed polls above are just as official and valid as anything they can provide.

Deed Poll Enrolled with the Royal Court of Justice

It is possible to enrol a deed poll with the Royal Court of Justice. This stores it for safe keeping, ensuring that you can always get a copy. However it does not make the deed poll any more official or valid, and no organisation should require it to be enrolled. There are several things to consider before choosing this method:

  • There is a charge of £36 for enrolling the deed poll, plus solicitors fees for completing the paperwork.
  • The process takes several weeks to complete.
  • Details of your name change (including your old name) will be published in The Gazette, which means it will be publicly available (including online) forever.
  • You will need to find someone who has known you for at least 10 years, is a British or Commonwealth Citizen, is a homeowner and isn't related to you who is willing to visit a solicitor with you to swear an oath.
  • If you are married then you will need written permission from your spouse.
  • If you are 16 or 17 then you need permission from everyone who has parental responsibility.
  • If you are under 18 then you must prove that the name change is in your best interests.

Recording a Name Change on your Scottish Birth or Adoption Certificate

If your birth was registered in Scotland or you were adopted in Scotland then you can apply to have your name change recorded on your birth or adoption certificate. This will then mean that you can use your birth certificate as proof of name change. Although using this service is an option, it is not required. There are several things to consider before choosing this method:

  • There is a charge of £40 for recording the name change, and then £15 for your new birth certificate,
  • The process takes up to two weeks to complete,
  • Details of your name change (including your old name) will be available to anyone who sees your birth certificate, copies of which can be obtained without your consent,
  • You can only record one change of forenames and one change of surname before you turn 16. You can only record one change of forenames and three changes of surname after you turn 16,
  • If you are under 16 then you need permission from everyone who has parental responsibility.

Recording a Name Change on your Northern Irish Birth or Adoption Certificate

If your birth was registered in Northern Ireland or you were adopted in Northern Ireland then you can apply to have your name change recorded on your birth or adoption certificate.

This will then mean that you can use your birth certificate as proof of name change. Although using this service is an option, it is not required. There are several things to consider before choosing this method:

  • There is a charge of £35 for recording the name change, and then £15 for your new birth certificate.
  • The process takes up to two weeks to complete.
  • Details of your name change (including your old name) will be available to anyone who sees your birth certificate, copies of which can be obtained without your consent.
  • You can only record one change of forenames and one change of surname before you turn 18. You can only record one change of forenames and three changes of surname after you turn 18.
  • If you are under 18 then you need permission from everyone who has parental responsibility.

Royal Licence

The Queen may at her discretion grant a licence allowing one of her subjects to change their name and there are procedures in place for this, however it only allows a change of surname and is only used in certain circumstances. Unless you have a Coat of Arms that will need changing as a result of your name change, this method isn't suitable.

Certificate from the Court of the Lord Lyon of Scotland

In Scotland you can petition the Court of the Lord Lyon for a certificate of your name change. It is a court of law that deals with all matters of a heraldic nature in Scotland. The process will take 4-6 months and is subject to a hefty fee. Unless you have a Coat of Arms that will need changing as a result of your name change, or you are a Clan Chief, this method isn't suitable.

Act of Parliament

Although it is possible to change your name with a private Act of Parliament, this is very uncommon and the last time it happened was 1907. You would need to have some exceptionally unusual and rare circumstances for this to be necessary, and it would be a very lengthy and expensive process.


Ancillary information

Applying for a passport

Brief Summary

Contains information about changing name and gender on a British passport. This does not require surgery or a Gender Recognition Certificate.

Extract from Leaflet

We want everyone applying for a passport to be able to do so quickly and easily.

This leaflet gives some additional advice relating to the specific needs of our transgender and transsexual customers when applying for a passport so they don’t experience any undue delay.

Please read this leaflet in addition to the "Applying for a passport" guidance booklet provided with the passport application form.

You can apply for a passport in an acquired gender. This option is available to those who do not hold a Gender Recognition Certificate or have not had gender reassignment surgery, as well as those who have.

As with all passport applications, we need to confirm your identity to prevent identity fraud and verify that you are a British national. In some cases, to help complete your application, we may need to ask for further information compared to what is outlined in our guidance booklet.

Doctors Letter

As part of this process you will need to provide a letter from a doctor. Below is an example letter that can be adjusted to your needs:

To whom it may concern,

This is to confirm that my patient, previously known as Miss Jane Bloggs, is currently undergoing gender reassignment and as part of this process has changed her name by statutory declaration to Mr Joe Bloggs. Mr Bloggs now lives as male and this change is intended to be permanent.

Your assistance in making the relevant changes to your records and in preserving full confidentiality will be appreciated.

Yours faithfully

Dr G Practitioner

Source - Applying for a passport additional information


Your photocard driving licence explained

Brief Summary

In order to change your name and gender on your UK driving licence you do not need to do anything special but should just follow the standard process for changing your name and photo. However the gender marker on a driving licence is not obvious and it may not be immediately obvious if it has been changed.

Your driver number is shown in space number 5 on your driving licence. The first five characters are usually the first five letters of your surname, so for Jane Smith the first five characters would be SMITH. If your surname is less than five characters long then it is made up to five characters using the number 9, so for Jane Doe the first five characters would be DOE99.

The next six characters represent your date of birth but the year is split up giving the unusual format YMMDDY. Therefore a person with a male driving licence that was born on 5th July 1974 would have the next six characters be 707054. However, a person with a female driving licence gets 50 added onto the month so a person with a female driving licence that was born on 5th July 1974 would have the next six characters be 7_5_7054. That single digit is the gender marker on a driving licence - it will be 0 or 1 for male and 5 or 6 for female.


Medical records

Brief Summary

Contains information for changing name and gender on NHS records in England and Wales. This does not require surgery or a Gender Recognition Certificate.

This document provides detailed procedures for the NHS England Patient Database System (PDS) which is the national electronic database of NHS patient demographic details such as name, address, date of birth and NHS Number. Chapter 7 provides guidance for GP surgeries on how to deal with a patient who requests a change of gender on their medical records. This can be particularly useful for patients whose GP incorrectly believes that a Gender Recognition Certificate or surgery is required before the gender marker can be changed.

Extract from Chapter 7

The Gender Recognition Act 2004 provides for transsexual people to apply to the Gender Recognition Panel to receive a Gender Recognition Certificate. Successful applicants, who are granted a full Gender Recognition Certificate, will, from the date of issue, be considered in the eyes of the law to be of their acquired gender. He or she is entitled to all the rights appropriate to a person of his or her acquired gender. The Act also provides transsexual people with special protection of their privacy and as such it is an offence for an individual to disclose to any other person the transsexual history of a patient who is in receipt of a Gender Recognition Certificate, without their explicit consent.

Prior to making any changes to a patient's registration, the GP should discuss the patient's wishes regarding transition and where this is intended to be permanent may provide them with a letter confirming this for use when approaching other institutions in respect of their name and gender change.

The GP should also provide the patient with advice on the process, and how their care will be managed going forward, for example their inclusion in "regular" screening initiatives based on administrative gender which they should either ignore or seek further information if they have concerns. Similarly, the GP is obliged to ensure that arrangements are made for the patients to receive appropriate tests without any need to reference their previous gender.

To comply with the Gender Recognition Act, the following process is in place for managing cases where a patient wishes to become known by a gender and name other than that of their birth. This process is currently under review and may be subject to change at short notice.

Information is also provided below on the handling of medical records for patients who have chosen to "acquire" a new gender. This may be helpful in advising GPs on how best to handle clinical records.

Data - Document originally published by NHS Connecting for Health.
Original Publication: July 2012

Source - PDS NHAIS Interaction Procedure Guide (Entire Document)


Past qualification certificates

Brief Summary

UK Trans Info has been made aware of a number of trans people having difficulties obtaining revised qualification or degree certificates after changing their name. We understand that in most circumstances exam boards, universities and other organisations do not make retrospective changes to these documents after a name change, however when a trans person changes their name as part of their gender transition it is legally required that organisations issue new certificates in order to comply with the Equality Act 2010 and the Gender Recognition Act 2004. This does not require a Gender Recognition Certificate.

Some organisations are currently requesting a new birth certificate before they will issue a replacement certificate, but under the requirements of the Gender Recognition Act 2004 this will not be available for at least two years and many trans people will never be able to get one. However, even without a new birth certificate, by changing their name trans people automatically have the protected characteristic of gender reassignment under the Equality Act 2010. As a result the approach of requesting a new birth certificate is discriminatory and new certificates must be issued free of charge upon receiving proof of name change.

Usually every person who gains a qualification or degree is issued free of charge with a certificate that they can use. In the majority of cases where a person changes their name and needs to demonstrate that the certificate belongs to them, they are simply able to provide proof of name change to accompany the certificate. However in the case of a trans person who has changed their name for the purposes of gender reassignment, they are unable to do this without putting themselves at risk of discrimination and violence. A recent study 1 showed that 35% of trans people suspected that they had been turned down for a job because of their trans identity, 38% had experienced sexual harassment because of their trans identity and 19% had been subjected to physical attacks because of their trans identity.

Therefore a trans person who has changed their name for the purposes of gender reassignment has never been issued with a free certificate that they can use, and refusing to retrospectively change their details and issue a new certificate free of charge is indirect discrimination under the Equality Act 2010.

A trans person who changes their name for the purposes of gender reassignment should make a written request for their certificates to be reissued in their new name, and provide proof of ID and proof of name change. Some organisations may also require the return of the original certificates. They may also wish to include a copy of this information sheet to ensure that the organisation has a good understanding of their legal obligations. The organisation cannot request any other evidence or any payment.


Disclosure and Barring Service (DBS) Checks

Brief Summary

The Disclosure and Barring Service (DBS) provide a sensitive applications process for trans people who do not wish to reveal former names. The DBS checks were formerly known as Criminal Records Bureau (CRB) Checks.

Information from Disclosure and Barring Service

If a Trans person is required to complete a Disclosure and Barring Service (DBS) check, DBS offers a confidential checking process in accordance with the Gender Recognition Act 2004. This gives the Trans person the choice as to whether they are content or not for their previous gender to be disclosed on their DBS Certificate.

If an applicant decides they do not wish for their previous identity to be disclosed to their employer and/or on their DBS Certificate, they should call the dedicated team in Customer Services who are experienced in dealing with these types of sensitive cases. A member of this team will advise the applicant about the process and what they will need to do.

If the applicant does not feel comfortable dealing directly with a member of this dedicated Customer Service team, the applicant should contact the team and give details of a nominated person that the DBS can deal with on their behalf. Alternatively, the applicant can contact the team direct by email, post or telephone.

How the process works

When the applicant calls the team, they are advised that "we do have a confidential checking process in place for applicants who do not wish for their previous name/gender to be disclosed on their DBS Certificate". They are advised not to enter their previous name(s) in Section 4 where asked have you used any other names tick no part of the DBS application form and then complete the rest of the form as they normally would. Just before or at the same time the application is submitted, the applicant must send, direct to the team, a document that confirms the previous name(s) which they used e.g. Change of Name Deed, Original Birth Certificate. A Gender Recognition Certificate is not required for this process. The applicant should include a short, covering letter that confirms their current name, full address with postcode and a contact telephone number. We have found that some applicants may not have sufficient documentary evidence to support a DBS application. If this is the case, the applicant should contact the team as soon as possible to discuss.

Once this information is received, the application will be monitored everyday until the DBS Certificate is issued. If any queries are raised at any stage of the process, it will be dealt with sensitively by the team. If any further information is required, the applicant (or nominated person) will be contacted by a member of this team.

The applicant is always advised when they first call that "if you have a conviction in your previous name/gender, this may show on their DBS Certificate". If an applicant does have a conviction which may reveal their previous name/gender, it would be useful for the applicant to advise us as soon as possible. An applicant may be able to avoid previous details being disclosed, so advising us sooner rather than later will help speed up the process.

How to contact the dedicated Customer Services team -

Address:

Sensitive Applications Team
Customer Services,
Disclosure and Barring Service
PO BOX 165,
Liverpool,
L69 3JD

Phone: 0151 676 1452 (Direct line)
Email: [email protected]

Gender neutral titles

A gender neutral title is an alternative to the gendered honorifics Miss, Mrs, Ms and Mr, for people who don't fit the gender binary and therefore don't feel that a gendered title fits their identity. It is used in formal situations when it is inappropriate to refer to someone by their first or last name only.

For the most part, gender neutral titles without qualification/career connotations are not recognised by the general public or businesses/organisations. Activists and supporters are working toward awareness and acceptance of alternative titles. The generally accepted gender neutral titles are associated with qualifications and careers, such as Dr (Doctor) and Rev (Reverend).

Gender binary

The gender binary is a model of gender that classifies all people into one of two genders. Under the binary model, gender is seen as a rigid binary option, like one or zero. The gender binary says there can be no more than two genders, with no "shades of grey" between the two. A person can only be one or other option, not both, neither or something between the two. The gender binary, as described, is largely a part of Western culture and thought. Many cultures give recognition to a slightly or significantly different system of genders. They can have more (nonbinary) gender roles, and flexibility for individuals who don't fit into one role. Western colonialism puts pressure on other cultures to conform to its own form of the gender binary. This form of racist and sexist discrimination is called binarism. There are individuals whose gender identity doesn't fit within this gender binary, who don't fit strictly into the "female" box or the "male" box. They are nonbinary. The gender binary makes problems for nonbinary people in the forms of oppression and discrimination such as nonbinary erasure.

Although the gender binary system is coercive and limiting, the binary genders themselves are valid identities.

Thanks

Thanks to "uktrans.info" for a lot of the source material here.


  1. J McNeil, L Bailey, S Ellis, J Morton & M Regan, Trans Mental Health Study 2012, Scottish Transgender Alliance, p. 43. 



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