Paperwork transitioning

• Posted by Cristine Jennifer Shye. BL. B/acc January 31, 2018 Filed in Member's Blogs 1,501 views
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  About Deed Polls 
  What is a Deed Poll? 
  
  A Deed Poll is a legal document - not a certificate. It is a form of legal contract but it differs from legal contracts between two or more parties in that it only concerns one person (and it is only signed by that person in the presence of a witness). A Deed Poll legally binds the person who signs it to a particular course of action as detailed on the Deed Poll document. 
  
  Although Deed Poll documents are used for various purposes relating to an individual or a company legally committing themselves to doing something, they have one generally accepted meaning, that is, a change of name. However, the correct legal name for a deed that has been drawn up to change someone's name is a Deed of Change of Name (but more commonly known as a Deed Poll). 
  
  A Deed Poll for a change of name contains three declarations and by executing the Deed Poll (signing, dating and having your signing witnessed) you are legally committing yourself to: 
  
  Abandoning the use of your former name; 
  Using your new name only at all times; 
  Requiring all persons to address you by your new name only and most important to use/address you by any revised gender marker. 

  (Change of Name) Regulations 1994, Statutory Instrument 1994 No. 604.

   

  ''The Adult Deed Poll will enable those persons aged 16 or over to change their legal name by Deed Poll.
  
  **people who have had or who are having gender reassignment may choose to change their gender title from Ms to Mr or vice versa. [in accordance with the UK gender Recognition Act 2004/05 as revised 2008}**'' this part the age limit is 18.

   

   

  Many institutions, passport office, DVLA, DWP, banks will not accept a photo copy, so print of as many copies as you think you will need, sign each one and get each one witnessed, then they are all deemed legally, original documents.

   Note photo copies of signatures is not accepted, by the passport office, DLVA, DWP. and most banks. in some cases if your the recipient of an inheritance, land registry or shares portfolio, you may be required to swear an affidavit, in front of a commissioner of oaths, usually about £7 who will be the recorded witness and he will hold a record of said swearing.

  people who have had or who are having gender reassignment may choose to change their gender title from Ms to Mr or vice versa. [in accordance with the UK gender Recognition Act 2004/05 as revised 2008}**'' this part the age limit is 18.

  Prior to the GRA coming into force, one could not change their gender on the passport, because it was linked to their birth certificate, one had a doctors letter to explain the change of name and the contradictoray gender marker.   

  Prior to the Corbet V Corbet (April Ashley) 1970 one could change their gender on their birth certificate, but during the a/m divorce the judge ruled . that because at the time of registration the gender marker on a birth certificate was a true fact, it could not be changed, the marriage was anulled, as being unlawful (The marriage was void ab initio) This also applied to passports regarding birth gender being a true fact at registration,  Which set back trans rights some 35 years.  In this forum there are case histories that brought about the advent of the GRA.   We have come a long way, the UK has probably the most all encompassing gender rights act in the world.

  "Many online companies will print their deed polls to look like certificates using watermarked paper, embossed with an official-looking seal. But these have no legal status and are not a necessary part of the legal process to change your name...

  Furthermore, the Ministry of Justice does not regulate, monitor or approve any documents issued by online deed poll companies."

   

  The above mentioned companies often try to fool you into thinking it must be done through them, with official-sounding names like, "The UK Deed Poll Service". I could start my own such company and do the same, but I'm not a charlatan. You can buy a plot of land on the moon or have a star named after you too, but don't be fooled; they're all crooks. No-one owns the moon, the stars, or your identity.

  A change of name deed is simply a "contract with yourself", but it must be signed by a witness who is not a member of your immediate family. Make several "originals" and get your witness to sign each one; many companies will require sight of the orginal and will not accept a photocopy, always ask them to return it and provide a stamped, addressed envelope.

  As soon as you have made your deed poll apply for a new driving licence and passport, it's a straightforward process, forms available from the post office, probably downloadable from the internet too. These will be invaluable in proving your identity to banks and other official bodies.

  For interest

  A Deed Poll is a legal document binding only to a single person or several persons acting jointly to express an active intention. It has been said that a Deed Poll is a form of contract; however, the law of contract provides that, in order to enter into a contract, there must be two persons whereby one person will do something in exchange for the other persons promise. 
  
  It can therefore be said that a Deed Poll is strictly speaking not a contract because it generally binds only one party and expresses an intention (i.e. an intention to change a name) instead of a promise (i.e. a promise to change a name in exchange for something else). 
  
  The term "deed", also known in this context as a "specialty", is common to signed written agreements not supported by consideration: the seal (even if not a literal wax seal but only a notional one referred to by the execution formula, "signed, sealed and delivered", or even merely "executed as a deed") is deemed to be the consideration necessary to support the contract between the parties to the deed. 
  
  "Poll" is an archaic legal term referring to documents with straight edges; these distinguished a deed binding only one person from one affecting more than a single person (an "indenture", so named during the time when such agreements would be written out repeatedly on a single sheet, then irregularly torn or "indented" so that each party had a document with corresponding tears, so as to discourage forgery). 
  
  
  
  Unlike the law today, it used to be that a Christian name (i.e. the name given at baptism) could only be changed under ecclesiastical law by the bishop on that person's subsequent confirmation. However, the case of Re Parrott, Cox v Parrott [1946] Ch 183, [1946] 1 All ER 321 provides that a Christian name can be changed if the following words are inserted therein 'Notwithstanding the decision of Mr Justice Vaisey in the case of Re Parrott's Will Trust, Cox v Parrott, the applicant desires the enrolment to proceed." 
  

  3.5 Passports

  The Passports Act 2008, section 11, offers an important avenue for recognition of the acquired gender of a transsexual person.  For this purpose, a person who is transsexual may seek a passport in their new name and have their new sex entered therein.  This does not confer any right or entitlement not connected with the purposes of the Passports Act. For instance, it would not alter the legal gender of the person for the purpose of marriage law or entitle one to a reissued birth certificate noting the acquired gender. which is a consideration for The Gender Recognition Panel.

  Medical record-keeping for trans people can be a challenge for clinicians and staff. Names and titles must be changed to reflect current gender status; this should always be done as a matter of courtesy and is not dependent on having a Gender Recognition Certificate. However, most doctors prefer to have evidence of the permanency of the name change, by way of Deed Poll or Statutory Declaration before making official changes to the patient notes. Treatment must not be withheld on the basis that a patient has not provided either of these documents.
  
  According to the GP notebook site: "Trans patients have a legal right to change their name and gender on their NHS records and would be able to bring a civil claim against any GP or practice which refused to accede to their request".
  
  "The process is as follows:
  
  " the patient informs the GP, or directly informs the PCT, that they are transitioning and that in future they would be known by their new name and gender. They can write a "Statutory Declaration", they may have a deed poll document, or they may simply make a request. This request should be in writing, signed by the patient;
  
  " the GP writes to the Registration Office at the PCT. The GP may write a letter of support confirming the gender role change and that this change is intended to be permanent, but this is not a requirement;
  
  " the Registration Office then writes to the Personal Demographics' Service National Back Office. The National Back Office will create a new identity with a new NHS number and requests the records held by the patient's GP. These records are then transferred to the new identity and forwarded to the GP;
  
  " on receipt, the GP surgery changes any remaining patient information including the gender marker, pronouns and names."