Written answers

Tuesday, 18 April 2023

Department of Employment Affairs and Social Protection

Gender Recognition

Photo of Emer HigginsEmer Higgins (Dublin Mid West, Fine Gael)
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923. To ask the Minister for Employment Affairs and Social Protection how a person under 18 years of age who has been diagnosed with gender dysphoria by a clinical psychologist can acquire a gender recognition certificate. [17547/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The requirements for applications for gender recognition certificates are set out in Part 2 of the Gender Recognition Act 2015 (the Act).

Under Section 12. (1) of the Act, an application for a gender recognition certificate made on behalf of persons aged 16 and 17 may only be considered if accompanied by an order of the court exempting that person from the minimum age requirement of 18 years.

The requirements for the granting of a court order are set out in Section 12. (4) of the Act, which include the consent of the child's parents, surviving parent or guardian and the furnishing of a certificate from an endocrinologist or psychiatrist, who has no connection to the child, which concurs with the medical opinion of the child’s primary treating medical practitioner.

No provision has been made which permits the issuing of a gender recognition certificate to persons aged 16 and 17 without the necessary accompanying court order.

I trust this clarifies the matter for the Deputy.

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