This evidence -
5.12 Among those who disagreed, a large majority made clear in their further comments that they thought the age should not be reduced at all, although a small number (including one Trans Group) disagreed because they thought it should be reduced further, to include those under 16. Small numbers of other respondents who thought the age should be reduced to below 16 did not answer the closed question (including two Trans Groups, anLGBTGroup and a Third Sector Support Organisation), while an Other respondent chose 'don't know' for the same reason. As noted at paragraph 5.32 onward, many respondents who agreed that the minimum age should be reduced to 16 also argued that legal gender recognition should be possible at an earlier age.
Legal recognition for those under 16
5.36 While welcoming the proposal to reduce the minimum age for legal gender recognition to 16, many respondents encouraged the Scottish Government to go further and make provision for children under 16. This was argued to be in keeping with many of the principles of theUNCRCas referenced above. It was also suggested that as children over 12 are deemed to have legal capacity to make decisions in certain circumstances, this principle could apply to gender recognition.
5.37 It was also argued that, although the consultation paper suggests young people under 16 are likely to be uncertain of their gender identity, this is not necessarily the case. A small number of trans children who are very confident and certain of their gender were reported to have fully socially transitioned with the support of family, peers and school and it was suggested these young people should have access to legal gender recognition.
5.38 The majority of those who argued in favour of legal gender change for under 16s suggested this should be made possible with parental approval, sometimes noting precedents for this in other countries. Other respondents proposed such a right should be irrespective of parental agreement or did not reference such agreement.
5.39 With reference to a mechanism for those who do not have parental support, there were suggestions that it would be preferable for this to be an administrative process, although the possibility that a court process might be required was also acknowledged. A specific suggestion was that mediation and assessment of capacity[17]should be made to determine if the young person understands the implications of their decision if they wish to legally change gender without parental consent.
5.40 Provision for under 16s to change their legal gender and amend their birth certificate was also argued to be in line with existing rights for this age group to change their sex on school records, medical records, and passports. Under 16s were argued to be particularly dependent on their birth certificate as proof of identity.