Written answers

Tuesday, 21 March 2023

Department of Employment Affairs and Social Protection

Departmental Policies

Photo of Claire KerraneClaire Kerrane (Roscommon-Galway, Sinn Fein)
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812. To ask the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 255 of 2 March 2023, the reason a person seeking to change their name in circumstances other than in cases where they wish to revert to their pre-marriage name, must show two years' usage of their new name; and if she will make a statement on the matter. [12658/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The Deputy’s original question referenced the example of a person reverting to their original birth name. In the majority of cases this relates to a situation where a person wishes to revert to their pre-marriage name.

Under the Irish legal system, a person’s name is the name by which they are known, or commonly use. That name does not necessarily need to be supported by any documentary evidence though such evidence is often required for a wide range of administrative and legal matters. For most people this evidence is most commonly provided and accepted in the form of a birth certificate, which may be supported by a marriage certificate in the case of a change of name on marriage.

There is no formality prescribed by law for the change of a person’s name or the assumption of another name. The name by which a person is known by is acquired through "use and repute". Where a person seeks to change their name through use and repute my Department requires that they provide evidence that they have been using that new name for a period of at least two years. This reflects standard administrative practice across other public and private sector bodies.

A person who wishes to revert to their pre-marriage name does not need to provide current evidence of use and repute when reverting to their pre-marriage name. A person who has been issued with a Gender Recognition Certificate may also apply to have their name on their Public Services Card changed without two years evidence of use and repute.

As an alternative to changing their name by use and repute a person may change their name through executing a deed poll. The deed poll may be subsequently enrolled in the High Court. Enrolling the deed poll in the High Court ensures that a record of the change of name is preserved for future identification and a certified copy of the original enrolled deed poll can be obtained, if required. There is however no requirement to enrol a deed poll in the Central Office of the High Court. Should a person not wish to enrol the deed poll, my Department will require evidence of use and repute over two years.

I trust that this clarifies the matter for the Deputy. If there is a particular case or scenario which the Deputy wishes to raise, my officials would be happy to assist.

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