Jonathan O'Brien (Cork North Central, Sinn Fein)
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Question 301: To ask the Minister for Social Protection if her attention has been drawn to the fact that a transgender woman has officially entered a civil partnership with her female partner here, which was officially recognised by the Civil Registration Service in spite of a lack of legislation to legally recognise transgender persons; if she agrees that this amounts to legal recognition of the woman's gender; and if she will make a statement on the matter. [13853/12]

Joan Burton (Dublin West, Labour)
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I have made enquiries with the Registrar General and he has informed me that the position is as follows:

The legal provisions concerning civil partnerships are contained in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010. There is an impediment to a civil partnership if the parties are not of the same sex. In the civil partnership case referred to by the Deputy, both parties were female. The acquired gender of one of the parties was recognised by a court in the EU country of origin and this was reflected in the official documentation submitted. Having obtained legal advice, the Registrar General accepted the acquired gender on the basis that the state is not obliged to 'look behind' the certified documentation provided and is entitled to rely on it.

Draft heads of a bill to recognise the acquired gender of transgendered persons are currently being drafted by my Department.