Posted on 12. September 2013 in Country Information, Legal Gender Recognition

Ireland Legal Gender Recognition Act 2013 (Draft Law)

Legal Recognition of Gender Act 2013 (Draft Law) as proposed by Senator Zappone on 2 July 2013

 

AN BILLE UM INSCNE A AITHINT LE DLÍ, 2013

LEGAL RECOGNITION OF GENDER BILL 2013

————————

BILL

entitled

AN ACT TO GIVE EFFECT TO A PERSONS RIGHT TO HAVE THEIR GENDER IDENTITY RECORDED AND RECOGNISED BY THE STATE, TO ESTABLISH AND PROVIDE FOR THE GENDER RECOGNITION REGISTER, TO PROVIDE FOR CERTIFICATES OF BIRTH THAT REFLECT A PERSONS GENDER IDENTITY, TO PROVIDE FOR THE RIGHT TO SELF-DETERMINE A PERSONS PREFERRED GENDER IDENTITY AND TO PROVIDE FOR THE DIGNITY OF SUCH PERSONS AND TO PROVIDE FOR RELATED MATTERS.

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.In this Act: the Act of 2004means the Civil Registration Act 2004 as amended;
An tArd-Chláraitheoirhas the meaning assigned to it in section 7 of the Act of 2004;
childmeans a person under the age of 18 years;
guardianmeans a guardian under the Guardianship of Infants Act 1964 as amended;
gender identityrefers to each persons deeply felt internal and
individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body (which may involve, if freely chosen, modification of bodily appearance or function by medical, surgical or other means) and other expressions of gender, including dress, speech and mannerisms;
Ministermeans the Minister for Social Protection; permanentlymeans for the remainder of the life of the person; statutory declarationmeans a statutory declaration in the form prescribed in the Schedule to this Act.

2.(1) There shall be established and maintained by an tArd-Chláraitheoir a Gender Recognition Register.

(2) A person who is of or over 18 years of age may apply to An tArd-Chláraitheoir to record and recognise the persons gender identity in the Gender Recognition Register and to attach a note to the entry concerning that person in the registry of births indicating that there is now an entry concerning the person in the Gender Recognition Register and that access to the entry in the register of births shall be restricted to a person authorised under the Act of 2004.

(3) A person shall make an application under subsection (2) by completing a statutory declaration in the form prescribed in the Schedule to this Act
(a) identifying the persons gender identity, and
(
b) declaring that it is that persons intention to live permanently as a person of that gender identity,
(c) and specifying, where appropriate, the persons preferred forename or forenames.

(4) An application under subsection (2) may be made in respect of a person who is under 18 years of age on the date of application by that childs guardian or guardians.

(5) An application under subsection (2) may be made by or in respect of a child who is of or over the age of 16 years and under 18 years of age on the date of application with the consent in writing of at least one of the childs guardians.

(6) Where an application under subsection (2) is made on behalf of a child (otherwise than by the child himself or herself) the applicant shall
(a) in so far as is practicable, give due weight to the views of the child, having regard to the childs age and maturity; and
(b) in the resolution of any such application, ensure the best interests of the child shall be the paramount consideration.

(7) An tArd-Chláraitheoir shall as soon as practicable upon receipt of a statutory declaration under subsection (2) record and recognise the applicants preferred gender and as appropriate the preferred forename or forenames in the Gender Recognition Register and shall attach the appropriate note to the entry concerning the applicant in the register of births.

(8) Any requirement of law for the production of a certificate of birth shall be satisfied by the production of a copy of a certificate of birth containing the particulars entered in the gender recognition register and purporting to be certified in accordance with section 13(4) of the Act of 2004.

(9) A request to An tArd-Chláraitheoir for a certificate of birth by or concerning a person with an entry on the Gender Recognition Register shall, unless otherwise specified and duly authorised, be deemed to be a request for the production of a copy of a certificate of birth containing the particulars entered in the Gender Recognition Register.

(10) An tArd-Chláraitheoir shall ensure that it is not evident, from examination of any certificate of birth containing the particulars entered in the Gender Recognition Register, that such certificate is in any way distinguishable from a certificate containing particulars entered in the register of births.

(11) Save where the law requires otherwise, An tArd-Chlárai- theoir, the Minister and their respective officers shall ensure that the identity of an applicant under subsection (2) and all other particulars relating to the application are kept confidential.

(12) A person may appeal a refusal by An tArd-Chláraitheoir to record that person’s identity in the Gender Recognition Register, within 3 months from the date of the refusal, to the High Court and seek an Order directing An tArd-Chláraitheoir to record and recognise the persons gender identify in the Gender Recognition Register.

(13) Proceedings under subsection (11) shall be heard otherwise than in public.

3.(1) Save where the context otherwise requires it, the making of an entry in the Gender Recognition Register does not affect the previous operation of anything duly done under law or affect any right, privilege, obligation or liability acquired, accrued or incurred, or affect any penalty incurred, or prejudice or affect any legal proceedings (civil or criminal) pending at the time of the making of the entry in the Gender Recognition Register concerning the person in question.

(2) Save where the context or law otherwise requires it, the gender entered and recorded in the Gender Recognition Register on foot of an application under section 2 of the Act shall be for all purposes the recognised gender of that person from the date of entry.

4.(1) This Act may be cited as the Legal Recognition of Gender Act 2013.

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

 

Section 2.

 

SCHEDULE

Statutory Declaration of a Person seeking Recognition of their Preferred Gender under the Legal Recognition of Gender Act 2013

 

THE MAKING OF THIS DECLARATION WILL AFFECT THE LEGAL POSITION OF THE PERSON MAKING THE DECLARATION. IT IS ADVISABLE TO OBTAIN LEGAL ADVICE BEFORE MAKING THIS DECLARATION

In the Matter of a Declaration under section 2 of the Legal Recognition of Gender Act 2013

I, [insert Name], of [insert address] being aged 18 years and upwards MAKE OATH/do solemnly and sincerely declare and say as follows:—

  1. It is my settled and solemn intention, formed after careful consideration, to live permanently as a person of the …………………. gender.

 

  1. I wish to be treated for all purposes as a person of the ………………….. gender.

 

  1. I wish to have the details set out in this statutory declaration recorded in the Gender Recognition Register.

 

  1. Once recorded in the Gender Recognition Register, I wish that any requests for a copy of my birth certificate, shall be treated as requests for a copy of the entry concerning me recorded on the Gender Recognition Register, unless I specify otherwise.

 

  1. [If different from the name above] I wish to be known henceforth by the following forename(s) …………………………………………………

I make this solemn declaration conscientiously believing the same to be true by virtue of the Statutory Declarations Act 1938 and pursuant to the Legal Recognition of Gender Act 2013.

Signed …………………………………………………………………………………………..

DECLARED BEFORE ME BY THE SAID ………………………………

*Who is personally known to me

*Who has been identified to me by ………………………………….. who is personally known to me

*Whose identity has been established to me before the taking of this Declaration by the production to me of [passport/driving licence/or other identifying document]

**at ……………………………………………………………………………………………….. this ……. day of ……………………………………….. 20…… Signed ……………………………………………………………….

*notary public
*commissioner for oaths
*peace commissioner
*person authorised by (insert authorising statutory provision) …………………………………………………………………………………………………………
to take and receive statutory declarations

 

*Delete words of clauses that are not applicable

**Postal address in full