Trans doctors can 'hide' their biological sex from public despite landmark Supreme Court ruling

However, in recent years, this has increasingly been interpreted to reflect doctors' gender identity.

The Telegraph revealed that the GMC is currently moving toward making it optional for doctors to provide any information regarding their sex or gender.

This change could make it more difficult for female patients to request care from a doctor of the same sex.

While such requests are not a legal entitlement, they can be accommodated when possible.

Despite a recent Supreme Court ruling affirming that the legal definition of a woman refers to biological sex, the GMC has confirmed that it is proceeding with the policy update. It added, however, that it would take the ruling into account in due course.

In a letter sent earlier this month to Labour peer Baroness Hayter, the GMC stated that it was updating its regulations "to remove the requirement for a doctor’s gender, or sex, to be recorded on the Register."

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Chief Executive Charlie Massey wrote: “We have now started this work to bring doctors into line with the approach we take for PAs [physician associates] and AAs [anaesthesia associates]. We would continue to collect such data on a voluntary basis as part of our routine diversity monitoring data collection.

“We will consider precisely what data to collect when we undertake the aforementioned work to update our approach to collecting and using equality, diversity, and inclusion data.”

He added that it was understood that there is no legal right for patients to be treated by a doctor of the same sex, but it was up to patients to request this.

The former government had proposed adding the right to request a same-sex doctor to the NHS constitution, but the change was not implemented before the general election.

Health Secretary Wes Streeting is said to be supportive of providing same-sex care within the NHS when possible.

However, the GMC’s decision to make gender and sex data optional could result in the NHS lacking clear records on the sex or gender of its medical staff.

It is understood that Streeting has reminded the GMC of the importance of maintaining accurate information about registered doctors.

A Government spokesman said: “This is the law, and we expect all public sector bodies to comply.

“The ruling has provided much-needed confidence and clarity for the NHS to adapt its policies, as it reviews its ‘Delivering same-sex accommodation’ guidance, to ensure that same-sex spaces are always protected.”

Speaking to The Telegraph, Lady Hayter said the ruling made it clear that single-sex wards would mean biologically single-sex.

She added: “Similarly, for female patients, if they ask to see a woman doctor they surely have the right to know that it is a biologically female doctor because that will be the intention behind their request.

“The GMC needs to consider this and keep their register of doctors appropriately so that all patients can know the sex of the physician.

“Either the GMC should take the decision that gender does mean sex, or if they feel that they haven’t got legal backing for that, they should ask the government to make the necessary amendment to the legislation.”

A GMC spokesman said: “Our policies will always comply with the law.

“We note the ruling of the Supreme Court. We will review the judgment in full and carefully consider its relevance to our own policies and processes.”