Commentary on Sections Section 2: Determination of applications
14.The criteria for a successful application under section 1(1)(a) (‘living in the other gender’) are set out in subsection (1): the applicant must have, or have had, gender dysphoria; have lived in the acquired gender for at least two years before making the application; intend to continue to live in the acquired gender for the rest of his or her life; and provide the evidence required by or under section 3.
15.Subsection (2) provides that applications made under section 1(1)(b) must be granted if the evidence requirements are met and if the Panel is satisfied that the gender change occurred under the law of an approved country or territory. Subsection (4) provides the Secretary of State with the power to prescribe what is an approved country or territory for this purpose. This power will be used to prescribe those countries that have recognition criteria which are at least as rigorous as those in the Act.