Written answers

Tuesday, 20 October 2020

Department of Employment Affairs and Social Protection

Gender Recognition

Photo of Jennifer Carroll MacNeillJennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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382. To ask the Minister for Employment Affairs and Social Protection her plans to extend the provision of the Gender Recognition Act 2015 to 16 and 17 year olds. [31763/20]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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It is currently possible for children that are aged 16 or 17 years to obtain legal recognition of their preferred gender under section 12 of the Gender Recognition Act 2015. This involves parental consent and an application to the Circuit Family Court that is supported by the opinion of two medical practitioners.

The current Programme for Government makes the following commitment in relation to gender recognition for children in this age category:

"Remove the need for a person aged 16 and 17 years to have two specialist reports before they can apply for legal gender recognition, by providing for self-declaration, with parental consent and by making mediation available on a voluntary basis. These improvements will include the provision of a gender recognition certificate providing proof of change of name as well as gender. Make any necessary changes to the law to allow legal name change be part of the gender recognition process."

It would be my intention to refer the draft legislation giving effect to these commitments to the Joint Oireachtas Committee on Social Protection, Community and Rural Development and the Islands for pre-legislative scrutiny.

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