Navigating legal gender and name changes

Legally changing your name and gender can be a life-transforming step. Although there are different ways to do this in England & Wales, not all options achieve the same results and the processes can be difficult to navigate.

Having represented both trans parents and gender-questioning people in family proceedings, we have summarised as guidance the different processes, but any specific cases should be referred to a specialist solicitor for advice.

Legally changing a person’s name

In England & Wales it is possible for a person to legally change their name or any part of it by Deed Poll. There are two types of Deed Poll:

• enrolled, which requires the person to be over the age of 18 and involves an application being sent to the Royal Courts of Justice for consideration. The person’s new name is then placed on public record by having it announced in The Gazette
• unenrolled, which can be done by people over the age of 16 and does not involve the approval by any authority, but requires witnessing by a Justice of Peace, lay magistrate, or solicitor, and remains private

Children under the age of 16 can change their names by both types of Deed Poll, but the application must be made on behalf of the child by a person who holds parental responsibility for them, and the consent of all individuals with parental responsibility for the relevant child is also required. In the absence of unanimous consent, a specific issue order can be obtained from the Family Court to authorise it. The child’s name will appear in The Gazette, but the King’s Bench Division of the High Court may consider a request that only the child’s first name or surname be published, if there are concerns about the consequences of it being publicised.

Some organisations in England and Wales only accept enrolled Deed Polls as proof of a name change. However, HM Passport Office and DVLA accept both enrolled and unenrolled Deed Polls as evidence.

To change a child’s name on their passport, HM Passport Office requires the following:

• the child’s old passport
• a Deed Poll or similar document about the name change
• at least one piece of evidence that shows the new name being used, for example NHS records, child benefits, or school records
• written consent from everyone with parental responsibility
• two new photos of the child if the application is made by post; if it is made online, the photo will be uploaded onto the system

The application must be made by someone with parental responsibility and, if the child is between the ages of 12 and 15, the child must also provide their consent to the changes. If the child is under the age of 12, their identity must be confirmed by a third party who meets the specific criteria (see “Confirm someone’s identity online for a passport application” on Gov.UK).

It is important that a dual or foreign national considers and obtains advice on how their other country, or countries, of nationality will treat the Deed Poll, and whether that will be sufficient to also change the individual’s names on the official documents and records there. Having official documents in different names may cause difficulties when travelling, for example when a parent’s name no longer matches that which was registered in their child’s birth certificate.

Legally changing a person’s gender

The law in England & Wales only recognises two genders, male and female. The UK does not currently issue gender-neutral, also known as “X”, passports (see Re R [2021] UKSC 56).

While the Deed Poll will be enough to change the person’s name on their passport, for their gender to also be updated on that document, HM Passport Office will require not only the Deed Poll, but also medical evidence showing that the change of gender is likely to be permanent. Such evidence can be in the form of a report from a GP or the person’s consultant, or a chartered psychologist practicing specifically in the gender dysphoria field. Gender-reassignment surgery is not a requirement.

Although the person’s passport can display the person’s acquired gender, that does not necessarily mean there has been a legal change of the person’s gender. A person’s gender can only be legally changed by way of a Gender Recognition Certificate (GRC), which can only be obtained by those over the age of 18.

Obtaining a Gender Recognition Certificate

The Gender Recognition Act 2004 provided a mechanism through which a person over the age of 18 may make an application for a GRC on the basis of living in the other gender or having changed their gender under the law of a different country or territory outside the UK.

There is no requirement to undergo gender reassignment surgery ahead of obtaining a GRC (see the “Apply for a Gender Recognition Certificate” section on Gov.UK). However, the person in question must satisfy the Gender Recognition Panel that they have or have had gender dysphoria, have been living in the acquired gender for at least two years, and intend to continue to live in the acquired gender until death.

An individual’s change of name by Deed Poll may be used as evidence in the process of obtaining a GRC.

The evidence which must be put before the Panel is set out in section 3 for general applications, and in 3B and 3F in respect of alternative grounds for granting the application.

Having a GRC allows the person to obtain a new birth or adoption certificate displaying both their acquired name and gender. It will further allow that person to get married or form a civil partnership in their new gender and/or to update their marriage or civil partnership certificate and have their death certificate under the new name and gender when they die.

There are requirements and implications of an individual changing their legal gender which must be taken into account, for example in respect of the continuation of any marriage or civil partnership already in existence and the entitlement to benefits or pensions.

A marriage or civil partnership may have to be terminated before the GRC can be made from interim into full if the person’s spouse does not agree to its continuance further to the legal change of gender. The relevant departments for the Department for Work and Pensions, the pension providers, and/or the benefits office managing that person’s case should be contacted in advance for information on any impact the change of gender may have on their entitlement.

Parentage

Controversially and arguably incongruently with existing rules on the registration of children’s parents in other modern family arrangements, a transgender person who gives birth will always be regarded and registered as the child’s mother, regardless of whether they have changed their legal gender and obtained a GRC before the child’s birth and/or conception (see Re TT [2019] EWHC 2384 (Fam)). Similarly, the biologically male person who had a child by natural conception (ie through intercourse) or who provided sperm for home insemination will continue to be registered as the child’s father, even if they have already changed their legal gender and obtained a GRC as female. (See s12 Gender Recognition Act 2004.)

Although there is not a reported case confirming this understanding, statutory interpretation of the Human Fertilisation and Embryology Act 2008 indicates that, if someone is legally male and their partner (that being their spouse or civil partner) gives birth to a child through artificial insemination at a UK licensed clinic, they can be nominated as the child’s “father” and be registered as such. Similarly, if the person is legally female, they can be nominated as the child’s “second female parent” by their spouse or civil partner who gives birth, and be registered as such.

A very different approach is given to the birth certificate of a child born via surrogacy, which will always state the intended parents in neutral terms as “parents” when the parental order is made. Prior to that, if the child is registered, it will state that the surrogate is the child’s mother and, if they are married, their husband will be regarded as the child’s father.

The question therefore becomes whether it would not be more appropriate, and indeed better meet the best interests of the child, that all birth certificates simply refer to a child’s “parents”, rather than specifying them as “mother”, “father” and “second female parent” when that does not reflect the child’s lived experience, the identity of the parties, or necessarily the biological relationships at play.

Medical interventions available for children

In May 2024 the government introduced a new set of regulations restricting the prescription and supply of puberty-supressing hormones, or “puberty blockers”, to children under the age of 18 in England, Wales and Scotland, via the Medicines (Gonadotrophin-Releasing Hormone Analogues) (Emergency Prohibition) (England, Wales and Scotland) Order 2024. The explanatory note specifically states that, whilst there are a limited range of authorised prescribers who will be able to have new prescriptions dispensed going forward, “the prescription or direction must be for a purpose other than treatment for the purpose of puberty suppression in respect of either or a combination of gender dysphoria and gender incongruence” (emphasis added), although those who started the treatment before 3 June 2024 may continue to obtain the medication.

The NHS has specific services to assist children and young people living with gender dysphoria. If the child is manifesting signs of it, they may be referred and seen by a child psychologist, psychotherapist, psychiatrist, family therapist or social worker, among other specialists. The process usually takes several months, during which the team will carry out a detailed assessment of the child and their circumstances and then recommend a course of action, which could include family therapy or parental support, as well as group work for the child and their parents. Most treatments offered are psychological rather than medical, but some children may also be referred to a hormone specialist (a consultant endocrinologist) if they meet strict criteria.

Once the child reaches the age of 16, if they have a diagnosis of gender incongruence or gender dysphoria and meet the relevant clinical criteria, they may be given gender-affirming hormones (oestrogen or testosterone) alongside their psychological support. The NHS warns that it may take several months for hormone therapy to be effective, and it is also limited by genetic factors and other factors unique to that individual. At the age of 17 the young person will be transferred to an adult gender identity clinic and steps may be taken for more permanent treatments that fit with the person’s gender identity once they turn 18.

Only adults are able to undergo surgery to permanently alter body parts associated with their biological sex. This involves the referral to an expert surgeon by the doctors at the gender dysphoria clinic. A requirement for the referral is that the person must have been socially transitioned to their preferred gender identity for at least a year before the referral takes place, and other long-term health conditions are also taken into account such as diabetes and high blood pressure, to ensure they are well-controlled.

A transgender person will have to have lifelong monitoring of their hormone levels by their GP, and should still ensure that any appropriate screening tests recommended to their biological sex take place, such as cervical and breast screening if the person is a trans man with a cervix or breast tissue.

The Supreme Court’s judgment on the meaning of “woman”

On 16 April 2025 the Supreme Court gave judgment in the appeal brought by For Women Scotland Ltd against The Scottish Ministers (For Women Scotland Ltd (Appellant) v The Scottish Ministers (Respondent) [2025] UKSC 16). The case concerned the interpretation of the Equality Act 2010 in respect of the terms “sex”, “man”, “woman”, “male”, and “female”, and concluded that the meaning of those terms is biological and not certified, ie that which was assigned at birth. Even a person with a GRC, therefore, would not be considered their legal gender for the purpose of the provisions in the Equality Act.

The Supreme Court’s judgment stated that their interpretation does not cause disadvantage to trans people, as they can still invoke provisions on the basis of direct or indirect discrimination and harassment. However, in practice, it has become apparent that the decision has indeed caused significant uncertainty and caused practical issues of implementation which are yet to be resolved.

Shortly following the judgment, the Equality and Human Rights Commission (EHRC) provided advice on how institutions should respond to the ruling, which fell short of providing clarity on the issue and raised concerns for a widespread exclusion of trans people in the public realm. The Council of Europe’s Commissioner for Human Rights sent a letter to the Chairs of the Joint Committee on Human Rights and the Women and Equalities Committee saying the Supreme Court had failed to engage with the human rights issues in their judgment and stating that steps must be taken to implement the judgment in a way that avoids “a situation where a person’s legal gender recognition is voided of practical meaning”. The day after the letter was published, on 15 October 2025, the EHRC removed its advice from its website and recommended that organisations continue to seek specialist legal advice. Its guidance was handed to the Minister for Women and Equalities for approval on 4 September 2025.

Brazil

By way of comparison, since 2018 it has been possible for transgender adults in Brazil to change their name and gender directly at the civil registry office without the need to undergo gender reassignment surgery or hormonal therapy, or provide medical evidence of gender dysphoria. The process was regulated by the National Justice Counsel (CNJ), which in 2023 introduced new rules on how any person over the age of 18 can change their legal name.

To avoid fraud, a series of requirements were imposed which must be checked by the Civil Registrar upon the request being made. That includes the registrar personally meeting with the person whose name and gender will be changed, or doing so by video conference, and reviewing a series of identification documents and certificates from different authorities. The administrative change of name and gender through this process can only take place once, and any subsequent changes will require the court’s permission.

Unlike in England & Wales, Brazil has strict rules in respect of names and how they relate to a person’s gender. Brazilians do not have middle names; instead, they have a single or multiple first name(s). When changing their name, the transgender person must adopt a first name that fits their chosen gender, but if they choose to have multiple first names then only the first of them must follow that rule. They also cannot adopt a name that makes their full name identical to that of a family member.

The principle of continuity of public records in Brazil requires that the records be updated in their chronological order, as one supersedes the other in terms of their legal relevance. Therefore, in order to change someone’s marriage certificate or the birth certificate of a descendant, the individual’s own birth certificate must be updated first. However, the law has imposed that any changes on certificates which impact third parties will require the consent of the other parties involved, ie to change the marriage certificate, the spouse’s consent will be required, and to change the birth certificate of a child, the consent of the other parent as well as that of the child will be required. The child is only able to provide their consent once they reach the age of 18, which can cause significant issues as many documents in Brazil – including the national identification card – contain the names of a person’s parents and are used to confirm parentage. A court order can be obtained if consent is withheld unreasonably by a relevant party.

For transgender children, their birth certificates can only be changed to reflect their new name and acquired gender by application to the court. There are NGOs which assist children and their families with the process, which can be difficult due to lack of specific guidance. It is still possible for children to use a “social name” on their documents, subject to consent from their parents or guardians if the child is under the age of 16. This does not, however, represent a change of legal name, and does not impact official information held on the person’s legal gender.

Puberty blockers, hormonal therapy, and gender reassignment surgeries are available in Brazil both through public and private clinics. The latter is only available to individuals over the age of 18, while hormonal therapy can be accessed from the age of 16 under the guidance of the National Medical Council. Puberty blockers can be commenced for children between the ages of nine and 13 if they were born biologically female and between the ages of ten and 14 if they were born biologically male.

Spain

Spain recently passed a new law regarding transgender rights, known as the “Trans Law” or “Ley Trans”, which was approved in 2023. The law has brought significant changes to the legal recognition of gender identity and expanded transgender rights.

Legal Gender Recognition: Self-Determination of Gender

The most important change is the introduction of self-determination for legal gender recognition. Under the previous law (from 2007), transgender people had to undergo medical assessments or psychological evaluations, and in some cases even sterilisation, before being legally recognised in their gender. With the new law, people can change their gender on official documents (ID, passport, etc) without needing medical or psychological approval.

People 16 years or older can change their gender legally by self-declaring it, while children aged between 12 and 16 need the consent of at least one parent and approval by a judge. Children under 12 cannot change their gender legally, though this remains a point of debate.

Health Care and Reproductive Rights in Spain

Access to health services

The law ensures that transgender people have the right to receive health care (including hormone therapy and surgeries) based on their own choices, with no prior waiting period or need for a psychiatric diagnosis. It also mandates that these procedures be covered by the national health system (similar to the old law).

Reproductive rights

The law protects reproductive rights, meaning transgender men who transition but retain their reproductive organs still have the right to access sperm banks and fertility treatments.

The new law strengthens anti-discrimination provisions, offering better protection against discrimination in education, employment, health care and public spaces for transgender people. Transgender people who experience discrimination can now more easily file complaints and have access to greater support.

Transgender minors (12 to 16) can legally transition with a court procedure in place (judicial intervention). The law provides a structure for legal transition, which is designed to prevent abuse while allowing minors to assert their gender identity.

Sports and gender segregated spaces

The law also clarifies the right of transgender people to participate in sports according to their gender identity. Trans women (assigned male at birth) can compete in women’s sports under certain conditions, though there has been significant debate and controversy about this.

Gendered facilities

The law allows transgender individuals to access gender-segregated spaces (like bathrooms and changing rooms) according to their self-identified gender, providing a stronger legal framework for trans people to live openly in accordance with their gender identity.

The law also focuses on the protection of gender expression and ensures that all individuals can express their gender identity freely without fear of discrimination. There is a strong focus on educating society about gender diversity, combating transphobia, and fostering inclusion.

The law has been divisive within certain feminist circles. Some feminist groups argue that the law could undermine the rights of cisgender women, especially concerning women-only spaces, sports and the definition of womanhood. Other feminist groups believe that it is essential for gender equality and aligns with feminist principles by recognising self-determination and ending discrimination against transgender people.

While the law has been controversial, it is generally viewed as a major step for transgender rights in Spain.

The Trans Law aims to make Spain one of the most progressive countries in Europe regarding transgender rights, though it continues to face challenges and debates both domestically and internationally.

Conclusion

The legal recognition of gender and name change varies significantly across jurisdictions, reflecting differing social, cultural and political attitudes toward gender identity. While England and Wales offer a structured legal framework, the process remains complex and medicalised, particularly for those seeking a GRC.

Brazil takes a more administrative and accessible approach for adults, though it retains procedural safeguards to prevent fraud.

Spain has recently adopted one of the most progressive legal models in Europe, embracing self-determination and expanding protections for transgender individuals of various ages.

However, despite these advancements, challenges remain. Inconsistencies in legal recognition, ongoing medical restrictions for minors, and unresolved issues around parentage highlight the need for continued reform and support. Ultimately, we would argue that legal systems must strive to balance safeguarding procedures with the rights and dignity of transgender individuals, ensuring access to identity recognition that is both respectful and affirming.

When facing the representation of a transgender parent based in a different jurisdiction, these different treatments become a significant obstacle for legal professionals. It is important to understand their own separate pathways, procedures and barriers, and how one can best assist transgender clients.

Carolina Marín Pedreño and Isabela Maculan, Dawson Cornwell LLP

[email protected]

[email protected]