Written answers

Tuesday, 11 June 2024

Department of Employment Affairs and Social Protection

Gender Recognition

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
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444.To ask the Minister for Employment Affairs and Social Protection what plans there are to enable those who hold a gender recognition certificate to update their name on their child's birth certificate, in order that presenting their child's birth certificate does not disclose the parent's transgender status. [24850/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The Gender Recognition Act 2015 was enacted on 22 July 2015 and commenced on 4 September 2015.

The purpose of the Act is to allow a person to apply for a gender recognition certificate.

Legal recognition of a person’s new gender is not retrospective. A person’s preferred gender will start to be legally recognised only from the date of issue, and not before that date.

Consequently, a person who has received a gender recognition certificate since the registration of the birth of their child will not be able to amend their details on their child’s birth record to reflect their new identity.

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
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445.To ask the Minister for Employment Affairs and Social Protection what plans there are to allow Irish citizens born abroad who are not eligible to be listed in the foreign birth register to be granted a gender recognition certificate. [24851/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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Section 9 of the Gender Recognition Act 2015 sets out the conditions which a person is required to meet in order to qualify for a gender recognition certificate.

The applicant must meet one of the following three qualifying criteria:

  • their birth or adoption is registered in the State,
  • they have become an Irish citizen by having their birth registered in the Foreign Births Register maintained by the Minister for Foreign Affairs, or
  • they are ordinarily resident in the State.
The application process was set up to cater for applicants born in the State, born abroad but ordinarily resident in the State and born and living abroad but with an entry in the Foreign Births Register.

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