This page presents information related to death and bereavement.

[Note: the language used in legislation may not be considered best practice]

The Equality Act 2010

Sexual orientation and gender reassignment are protected characteristics under the Equality Act 2010. This means that health and social care providers must not treats patients/clients or colleagues less favourably than they treat or would treat others because of their sexual orientation and gender reassignment protected characteristic they have.

The “gender reassignment” protected characteristic covers trans people who are proposing to, are undergoing, or have undergone any part of a process for reassigning their sex.

Importantly, it does not require that a person be under medical supervision, or for them to have undergone any specific treatment or surgery, to be protected under the Act.

The Gender Recognition Act 2004

The Gender Recognition Act 2004 provides the means for a trans man or woman to apply for a Gender Recognition Certificate (GRC), which they use to change the sex listed on their birth certificate from male to female or female to male. A GRC is only required for changing the sex on a birth certificate, not for any other form of identification such as passports or driving licences.

A GRC “provides recognition of a person’s acquired gender for all legal purposes [with limited exceptions]. This means that they must be regarded as their acquired gender in all aspects of life and death.” [1]

A birth certificate that has been changed using a GRC looks identical to a typical birth certificate in order to protect the privacy of the individual, and bears no mark or indication that it belongs to a person with a GRC.

If a trans person does not have a GRC or matching identification documents with their correct (self-described) gender, this does not make them “less trans” than someone with these documents.

In the context of patient care, section 22 of the Gender Recognition Act 2004 makes it illegal to disclose to any third party that a patient has applied for a GRC. It also makes it illegal to disclose their transgender history, e.g. by revealing their sex assigned at birth. (It should also be noted that it is illegal to disclose patients’ sexual orientations, and LGB patients should not be outed without their consent).

There may be some circumstances under which it is not an offence to disclose protected information. If you are / or think you may be in this situation seek appropriate advice. 

 

GDPR

It is important not to reveal sensitive information about a person e.g. sexual orientation, medical transition treatments and previous names.

 

Death Certification

The Medical Certificate of Cause of Death (MCCD) provides a record of cause of death and is completed by a medical practitioner. This does not include a field for gender ('sex').

 

Death Registration

When a person dies, the gender listed on the extract of the death certificate (supplied by the Registrar) can be either male or female.

Trans people, and those they leave behind, may be concerned about what will be recorded on the extract of the death certificate following the registering of their death.

The correct recording of gender on a trans person's death certificate can depend on:

  • The circumstances surrounding the person's death
  • The support of those making funeral arrangements and registering the death
  • The discretion of the Registrar

For people who are not transgender, or who are but have used a GRC to change the sex on their birth certificate, the sex on their death certificate will reflect the one on their birth certificate, i.e. will be the same.

If a trans man or trans woman dies without having used a GRC to change the sex on their birth certificate, then their death certificate can still reflect the way they lived their life and does not have to reflect what is listed on their birth certificate. There is no legal requirement for the gender recorded on a birth and death certificate to be the same. However, accurate recording of a person's acquired gender at death registration can be more complicated in the absence of a GRC.

Those registering the death of a trans person that they know, or suspect, did not use a GRC to change the sex on their birth certificate can discuss with the Registrar the most appropriate gender to record on the extract of the death certificate.

Currently, a person can only have “male” or “female” on their birth certificate and on other UK identity documentation. If a person who has died identified in a way other than as a man or a woman (such as non-binary) their death certificate will not be able to reflect this. When supporting someone who is registering the death of a person who didn’t identify as a man or a woman, it may be important to make them aware of this. This may be difficult for them and others who were close to the person who has died, but they can still disclose this to the Registration Office and discuss available options.

For more information

The Equality and Human Rights Commission - Gender Reassignment and Sexual Orientation Discrimination

Equality Act 2010 Explanatory Notes

 

Completion of Medical Certificates of Cause of Death in Scotland

Registering a death in Scotland (information from the National Records of Scotland)