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England and Wales decisions
Decisions matching the current search
The court granted a declaration of non-parentage, step-parent adoption, and judicial review relief for DZ, but refused to declare FZ DZ’s father under the HFEA 2008.
W v Gender Recognition Panel [2025] EWHC 2685 (Fam) (17 October 2025)
The High Court allowed a trans man’s appeal against refusal of a gender recognition certificate, holding that pregnancy is not incompatible with living as male.
National Council for Civil Liberties v Equality and Human Rights Commission [2025] EWCA Civ 1868 (26 June 2025)
The Court of Appeal refused Liberty permission to appeal against a refusal of judicial review over the EHRC’s six-week consultation on revised equality guidance.
Castellucci, R (On the Application Of) v Gender Recognition Panel & Anor [2025] EWCA Civ 167 (25 February 2025)
The Court of Appeal dismissed Ryan Castellucci’s challenge to refusal of a non-binary Gender Recognition Certificate, holding the 2004 Act is binary and no Article 14 breach arose.
The Court of Appeal held that the Gender Recognition Act 2004 does not require recognition of a foreign-acquired non-binary gender and dismissed the ECHR challenge.
The Gender Recognition Act 2004 refers only to binary gender (male or female) throughout its provisions. The GRP has no power to issue a GRC recognising a non-binary gender, even if that status is recognised under foreign law. Any difference in treatment is justified by the need for legislative and administrative coherence, the binary structure of UK law, and the absence of international consensus. There is no breach of Article 14 ECHR.
Source excerpt
The Panel erred in law by failing to consider all relevant evidence, misapplying the statutory requirements regarding medical evidence, and acting procedurally unfairly by not requesting further information or convening a hearing. The evidence established that the appellant had lived in the acquired gender for the requisite period and intended to do so until death. The requirements of the Gender Recognition Act 2004 were met and a certificate should be issued.
Source excerpt
AB v Gender Recognition Panel [2024] EWHC 1456 (Fam) (18 June 2024)
The High Court allowed AB’s appeal against refusal of a gender recognition certificate, finding legal error, procedural unfairness, and that the statutory criteria were met.
P v P (Transgender Applicant for Decree of Nullity: Human Rights) (Rev1) [2024] EWHC 1197 (Fam) (21 May 2024)
The High Court dismissed a transgender applicant’s bid for a decree of nullity and any declaration of incompatibility, holding that no ECHR breach was shown.
Castellucci, R (On the Application Of) v Gender Recognition Panel [2024] EWHC 54 (Admin) (17 January 2024)
The High Court held that the Gender Recognition Act 2004 does not permit a non-binary gender recognition certificate and rejected the Article 14 challenge.
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