WARRINGTON North MP Charlotte Nichols has discussed a question to the Government regarding the recognition of transgender people who are deceased.
The question was submitted after being raised with Ms Nichols by constituents following the death of Brianna Ghey, who was murdered in Culcheth Linear Park last February.
Her two killers were brought to justice last week, being jailed for life with minimum terms of 22 and 20 years.
The MP says posthumous changes to official documentation including death certificates is ‘genuine and sensible’, allowing families the option to ‘have their loved ones recognised legally as they lived’.
The question was: “To ask the Minister for Women and Equalities if she will reform the Gender Recognition Act 2004 to allow transgender people who are deceased to be legally remembered by the gender they lived by.”
The question, submitted last month, was answered last week by Conservative MP Stuart Andrew, parliamentary undersecretary of state for the Department for Culture, Media and Sport and Department for Business and Trade.
He said: “We recognise the sensitivity of these situations, particularly when family and friends are dealing with the loss of a loved one.
“The Gender Recognition Act (GRA) 2004 provides for people to change their legal gender.
“Those who have undergone this process and acquired a gender recognition certificate (GRC) before the time of their death will, of course, be recognised in their new gender.
“Without undergoing the process of legal gender recognition and acquiring a GRC under the provisions laid out in the GRA, a person has not legally changed gender.
“Therefore, they would not be recognised in their new gender upon the unfortunate event of their death.
“That said, where a person was using their new gender with an organisation prior to their death, and that was on their personal records, then we anticipate that the organisation would engage with their family members using the new gender.
“These organisations could include the NHS, their place of work or community groups.
“We recognise that everyone who decides to undergo a change in how their legal sex is recorded deserves our respect, support and compassion throughout the process.
“The process does not currently allow for third-party applications, such as posthumous applications on behalf of a deceased friend or relative, as any application will be a deeply personal undertaking and choice.
“Following the GRA consultation and the subsequent changes we made to the application process, we have no plans to further amend the Act.”
Speaking after the question was answered, Ms Nichols said: “Since my election in 2019, I have tabled 1,300 written parliamentary questions.
“These reflect questions raised with me by constituents on specific areas of Government policy.
“Following a recent petition with around 15,000 signatories, which was started following Brianna’s murder, I continue to have this matter raised with me by constituents not satisfied with the Government’s response up to this point.
“The question regarding posthumous changes to official documentation including death certificates is a genuine and sensible proposal, that research suggests affects approximately 50 per cent of trans people in death.
“I believe that it would be humane to have a system where families can have the option to have their loved ones recognised legally as they lived, even if a GRC was not in place at their time of passing.
“I hope that ministers will consider what more they can do to provide legal clarity on this matter.”
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