Gender Recognition Act 2015

PART 1 Preliminary and General

1.. Short title and commencement

1. (1) This Act may be cited as the Gender Recognition Act 2015.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

2.. Interpretation

2. In this Act—

“Act of 2004” means the Civil Registration Act 2004;

“Act of 2007” means the Medical Practitioners Act 2007;

“Act of 2010” means the Adoption Act 2010;

F1[…]

“court” means the Circuit Family Court;

“endocrinologist” means a medical practitioner who is registered in the Specialist Division of the register of medical practitioners under the medical specialty of “Endocrinology & Diabetes Mellitus”;

“gender recognition certificate” means a gender recognition certificate issued by the Minister;

“medical practitioner” means a medical practitioner who is for the time being registered in the register of medical practitioners;

“medical specialty” means a medical specialty recognised by the Medical Council under section 89 of the Act of 2007;

“Minister” means the Minister for Social Protection;

“ordinarily resident” in sections 9 and 10 means ordinarily resident in the State throughout the period of one year ending on the date that a person applies for a gender recognition certificate;

“preferred gender” means the gender a person applies to have specified or which is specified in a gender recognition certificate;

“prescribed” means prescribed by regulations made by the Minister;

“primary treating medical practitioner” means a person’s primary treating endocrinologist or psychiatrist in relation to the matter the subject of an application for a gender recognition certificate;

“psychiatrist” means a medical practitioner who is registered in the Specialist Division of the register of medical practitioners under the medical specialty of “Psychiatry” or under the medical specialty of “Child and Adolescent Psychiatry”;

“register of medical practitioners” means the register of medical practitioners established under section 43 of the Act of 2007.

3.. Regulations

3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Where a provision of this Act requires or authorises the Minister to make regulations such regulations may—

(a) make provision for different circumstances or cases, classes or types, and

(b) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

4.. Expenses of Minister

4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

5.. Service of documents

5. A notice or other document that is required to be served on or given to a person under this Act shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.

6.. Records and annual report

6. (1) The Minister shall keep a record, in the form that he or she considers appropriate, of a decision made by him or her under section 8, 11, 14, 15 or 16.

(2) The Minister shall, not later than 30 June in each year prepare a report on the performance of his or her functions under this Act in the immediately preceding year, or in the case of the period from the date this Act comes into operation to the next following 30 June, that period, and as soon as may be after the report has been prepared, shall cause copies of the report to be laid before each House of the Oireachtas.

7.. Review of operation of Act

7. The Minister shall—

(a) not later than 2 years after this section comes into operation, commence a review of the operation of this Act, and

(b) not later than 12 months after its commencement, make a report to each House of the Oireachtas of the findings made on the review and of the conclusions drawn from the findings.

PART 2 Applications and Appeals Relating to Gender Recognition

8.. Application for a gender recognition certificate

8. (1) A person referred to in section 9 may apply to the Minister for a gender recognition certificate.

(2) An application under this section shall be in writing in the form, including electronic form, as may be prescribed, and no fee shall be charged by the Minister for considering the application.

(3) The Minister shall consider an application under this section and shall decide to either—

(a) issue a gender recognition certificate, or

(b) refuse to issue a gender recognition certificate.

(4) In considering an application under this section the Minister shall consider the information furnished by the applicant and may request further information from the applicant regarding any information or evidence furnished by the applicant or on his or her behalf.

(5) The Minister shall give notice in writing to the applicant of a decision under subsection (3), as soon as practicable after it is made, which shall, in relation to a decision under subsection (3)(b) —

(a) include reasons for the decision,

(b) inform the applicant that he or she may, under section 17, appeal the decision within 90 days of the date of the notice, and

(c) inform the applicant that the decision shall be suspended until—

(i) the decision becomes final under subsection (6), or

(ii) the disposal of an appeal under section 17(2).

(6) If, on the expiration of the period of 90 days beginning on the date of the notice under subsection (5), no appeal under section 17 is made, the Minister’s decision under subsection (3)(b) is final.

(7) If, following an appeal under section 17 the court, under section 17(2)(b) orders the Minister to reconsider his or her decision, the Minister’s decision under subsection (3)(b) is suspended until the Minister reconsiders his or her decision.

9.. Persons who may apply for a gender recognition certificate

9. (1) This section applies to a person who satisfies the conditions specified in subsection (2) —

(a) who may or may not be ordinarily resident in the State and—

(i) whose birth is registered in the register of births maintained under section 13 of the Act of 2004, proof of which is a document issued under section 61 of that Act in respect of an entry in that register,

(ii) whose adoption is registered in the Adopted Children Register maintained under section 84 of the Adoption Act 2010, proof of which is a certified copy of an entry issued under subsection (10) of that section of that Act,

(iii) whose birth is recorded in a foreign births entry book or in the foreign births register, both of which are kept under section 27 of the Irish Nationality and Citizenship Act 1956, proof of which is a document purporting to be a copy of an entry in that entry book or register and which is duly authenticated as such, or

(iv) whose adoption is registered in the register of intercountry adoptions maintained under section 90 of the Adoption Act 2010, proof of which is a document purporting to be a copy of an entry in that register issued under section 91(1) (b) of that Act,

or

(b) who is ordinarily resident in the State, whose birth did not take place in the State and whose birth—

(i) is registered in accordance with a civil system of registration of births in the place where his or her birth occurred, proof of which is a document issued in accordance with that system of registration, or a statutory declaration declaring why it is not feasible to produce the proof and exhibiting other evidence of birth, or

(ii) is not registered because there is no system of civil registration of births in the place where his or her birth occurred, proof of which is a statutory declaration declaring that there is no such system and exhibiting other evidence of birth.

(2) A person to whom this section applies shall satisfy the following conditions:

(a) subject to section 12, have attained the age of 18 years on the date he or she makes an application for a gender recognition certificate;

(b) F2[…]

(c) comply, as the case may be, with section 10 or 11.

10.. Requirements on application for a gender recognition certificate

10. (1) A person who applies for a gender recognition certificate under section 8 shall furnish the following to the Minister:

(a) his or her name, address, PPS number and contact details;

(b) the forename and surname by which he or she wishes to be known;

(c) proof of his or her identity;

(d) in relation to his or her birth—

(i) where he or she is a person referred to in paragraph (a) of section 9(1), applicable proof of birth referred to in that paragraph, or

(ii) where he or she is a person referred to in paragraph (b) of section 9(1), applicable proof of birth referred to in that paragraph;

(e) where he or she is a person referred to in paragraph (b) of section 9(1), information and evidence to satisfy the Minister that the applicant is ordinarily resident in the State;

(f) a statutory declaration declaring that he or she—

(i) F3[…]

(ii) has a settled and solemn intention of living in the preferred gender for the rest of his or her life,

(iii) understands the consequences of the application, and

(iv) makes the application of his or her free will.

(2) In this section “PPS number” means a personal public service number within the meaning of section 262 of the Social Welfare Consolidation Act 2005.

11.. Requirements on application where recognition in another jurisdiction

11.(1) A person who has changed gender under the law of a country or territory, other than the State, may apply to the Minister for a gender recognition certificate.

(2) A person who applies for a gender recognition certificate under this section shall—

(a) furnish the following to the Minister:

(i) each item referred to in paragraphs (a) to (e) of section 10(1);

(ii) F4[…]

(iii) the decision, order or certificate of gender recognition issued in the country or territory concerned,

and

(b) show to the satisfaction of the Minister—

(i) that requirements to be fulfilled, under the law of the country or territory concerned so that a decision, order or certificate of gender recognition is issued, are at least equivalent to the requirements to be fulfilled under subparagraphs (ii) to (iv) of section 10(1)(f), for the issue of a gender recognition certificate in the State, and

(ii) the authenticity of the document referred to in paragraph (a)(iii) which may include by means of certification by the person or body who issued the document and a translation thereof.

(3) Subsections (2) to (6) of section 8 shall apply, with any necessary modifications, to an application to the Minister under this section as they apply to an application under section 8 and references to a decision under section 8 or any part thereof shall be taken to include references to a decision in respect of an application under this section.

12.. Application to court for exemption

12. (1) The Minister may only consider an application for a gender recognition certificate under section 8 or 11 or for revocation of a gender recognition certificate under section 15, made on behalf of a child who has attained the age of 16 but not 18 years, if furnished with an order of the court under this section.

(2) The court, on application to it in that behalf by the next friend of a child who has attained the age of 16 but not 18 years, may by order exempt the child from the requirement to comply with section 9(2)(a) or 15(8)(b).

(3) An application under this section—

(a) may be made informally,

(b) may be heard and determined otherwise than in public, and

(c) shall not have a court fee charged in respect of it.

(4) The court shall only grant an application under this section if—

(a) subject to subsection (5), the court is satisfied, that, as appropriate, the child’s parents, surviving parent or guardian consent or consents to the making of the application under this section,

(b) in relation to an application for a gender recognition certificate under section 8 or 11—

(i) a certificate in writing of a medical practitioner is furnished to the court certifying—

(I) that he or she is the child’s primary treating medical practitioner,

(II) that in the professional medical opinion of the medical practitioner —

(A) the child has attained a sufficient degree of maturity to make the decision to apply for gender recognition,

(B) the child is aware of, has considered and fully understands the consequences of that decision,

(C) the child’s decision is freely and independently made without duress or undue influence from another person, and

(D) the child has transitioned or is transitioning into his or her preferred gender,

and

(ii) an endocrinologist or psychiatrist, who has no connection to the child, furnishes to the court a certificate in writing certifying that his or her medical opinion concurs with the medical opinion referred to in sub paragraph (i),

and

(c) in relation to an application to revoke a gender recognition certificate under section 15—

(i) a certificate in writing of a medical practitioner is furnished to the court certifying—

(I) that he or she is the child’s primary treating medical practitioner,

(II) that in the professional medical opinion of the medical practitioner—

(A) the child has attained a sufficient degree of maturity to make the decision to live in his or her original gender for the rest of his or her life,

(B) the child is aware of, has considered and fully understands the consequences of that decision,

(C) the child’s decision is freely and independently made without duress or undue influence from another person, and

(D) the child has reversed the transition or ceased transitioning into the preferred gender,

and

(ii) an endocrinologist or psychiatrist, who has no connection to the child, furnishes to the court a certificate in writing certifying that his or her medical opinion concurs with the medical opinion referred to in sub paragraph (i).

(5) The court may make an order dispensing with the requirement of the consent of a person referred to in subsection (4)(a) to the making of an order under this section where satisfied that the consent cannot be obtained because the person cannot be identified or found or is failing or neglecting to respond to a request for consent or should not be obtained because the nature of the relationship between the child concerned and the person shows that it would not be in the interest of the safety or welfare of the child to contact the person.

(6) The court shall not make an order under this section unless satisfied that it is in the best interest of the child.

(7) In this section “guardian” means a person who—

(a) is a guardian of a child pursuant to the Guardianship of Infants Act 1964, or

(b) is appointed to be the guardian of a child by—

(i) deed or will, or

(ii) order of a court in the State,

and has not been removed from office.

13.. Gender recognition certificate

13.(1) A gender recognition certificate shall specify the date on which it issues and the following in relation to the person to whom it issues:

(a) the person’s forename and surname referred to in section 10(1)(b);

(b) the person’s date of birth;

(c) the person’s gender.

(2) The Minister shall furnish a copy of the information and documents referred to in subsection (3) as soon as may be after the making of a decision under section 8(3)(a) or an order of the court under section 17(2)(a)—

(a) where the decision or order relates to a person referred to in subparagraph (i) or (ii) of section 9(1)(a), to an tArd-Chláraitheoir, or

(b) where the decision or order relates to a person referred to in subparagraph (iv) of section 9(1)(a), to the Adoption Authority of Ireland.

(3) The following shall be furnished by the Minister under subsection (2):

(a) the name, address and contact details furnished under section 10(1)(a);

(b) proof of birth referred to in section 9(1)(a);

(c) the gender recognition certificate.

14.. Revocation by Minister

14. (1) The Minister may revoke a gender recognition certificate if he or she is satisfied that he or she would not have issued the certificate under section 8(3)(a) had he or she been aware of information or facts before deciding to issue the certificate which since that issue have been brought to his or her notice.

(2) The Minister shall give notice in writing to the person whose gender recognition certificate is proposed to be revoked which shall inform him or her that he or she may make representations in writing in relation to the proposal to the Minister within 30 days of the date of the notice.

(3) In considering any representations made under this section the Minister may request further information from the person concerned as may be necessary for the purposes of making a decision under subsection (4).

(4) The Minister shall consider any representations made or further information furnished pursuant to a request under subsection (3) and shall decide to—