Gender Recognition
CIVIL REGISTRATION ACT
F107[PART 3A
Register of Gender Recognition
]
Annotations
Amendments:
F107
Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 27, S.I. No. 369 of 2015.
Section 30A
F108[
Definitions (Part 3A)
30A. In this Part—
“Adopted Children Register” means the Adopted Children Register maintained under section 84 of the Adoption Act 2010;
“register” means the register of gender recognition.]
Annotations
Amendments:
F108
Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 27, S.I. No. 369 of 2015.
Section 30B
F109[
Entry in Register
30B. (1) A person referred to in sub paragraph (i) or (ii) of section 9(1)(a) of the Act of 2015 to whom a gender recognition certificate is issued by the Minister may contact an tArd-Chláraitheoir and request that the required particulars relating to the recognition of the gender of the person are entered in the register.
(2) Where an tArd-Chláraitheoir is satisfied to make an entry in the register it shall contain—
(a) if the requesting person is a person to whom sub paragraph (i) of section 9(1)(a) of the Act of 2015 applies, such of the required particulars specified in Part 2A of the First Schedule as correspond to the required particulars that are entered in the register of births relating to that person, or
(b) if the requesting person is a person to whom subparagraph (ii) of section 9(1)(a) of the Act of 2015 applies, such of the required particulars specified in Part 2B of the First Schedule as correspond to the particulars that are entered in the Adopted Children Register relating to that person.
(3) Evidence of an entry in the register and of the facts stated therein may be given by the production of a document purporting to be a legible copy of the entry and to be certified to be a true copy by an tArd-Chláraitheoir or a person authorised in that behalf by an tArd-Chláraitheoir.]
Annotations
Amendments:
F109
Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 27, S.I. No. 369 of 2015.
Section 30C
F110[
Index to register and privacy
30C. (1) An tArd-Chláraitheoir shall maintain an index to the register.
(2) Subject to subsection (4), an tArd-Chláraitheoir shall, on application by a person referred to in subsection (3) to him or her in that behalf in writing and on payment to him or her of the prescribed fee—
(a) search the register and the index to that register, or
(b) give the person—
(i) a copy certified by him or her to be a true copy,
(ii) a copy, or
(iii) a certified extract,
of an entry in the register specified by the person.
(3) The following persons may make an application to an tArd-Chláraitheoir under subsection (2):
(a) the person to whom the entry on the register relates;
(b) a person who is, in relation to the person referred to in paragraph (a) —
(i) the surviving spouse or civil partner,
(ii) if no surviving spouse or civil partner, the child,
(iii) if no surviving spouse or civil partner or child, a parent, or
(iv) if no surviving spouse or civil partner, child or parent, a surviving brother or sister.
(4) A copy of an entry or an extract thereof referred to in subsection (2)(b) shall omit any reference to or particulars of a personal public service number and “true copy” in those provisions shall be construed accordingly.
(5) The Minister, by regulations under this Act, may specify the particulars to be included in a certified extract referred to in subsection (2)(b)(iii).]
Annotations
Amendments:
F110
Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 27, S.I. No. 369 of 2015.
Editorial Notes:
E66
Power pursuant to section exercised (7.09.2015) by Civil Registration (Gender Recognition) (Abridged Certificate) Regulations 2015 (S.I. No. 378 of 2015), in effect as per reg. 2.
E67
Power pursuant to section exercised (7.09.2015) by Civil Registration (Gender Recognition) (Fees) Regulations 2015 (S.I. No. 377 of 2015), in effect as per reg. 2.
Section 30D
F111[
Separate index of connections between register of gender recognition and register of births
30D. (1) An tArd-Chláraitheoir shall maintain an index to make traceable the connection between each entry in the register and the corresponding entry in the register of births or the Adopted Children Register.
(2) The index maintained under subsection (1) shall not be open to public inspection, and no information from that index shall be given to any person except by order of a court.
(3) A certified copy of an entry in the register, if purporting to be issued under the seal of Oifig an Ard-Chláraitheora shall be received, without further proof, as evidence of the facts stated therein and any requirement of law for the production of a certificate of birth shall be satisfied by the production of the certified copy.
(4) A court shall not make an order referred to in subsection (2), where the person to whom the information relates is a child of less than 18 years of age, unless satisfied that it is in the best interest of the child.]
Annotations
Amendments:
F111
Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 27, S.I. No. 369 of 2015.
Section 30E
F112[
Cancellation or amendment of entry in register
30E. (1) An tArd-Chláraitheoir, as soon as practicable following receipt of a notice under section 14(9)(a) or 15(11)(a) of the Act of 2015, shall cancel the appropriate entry in the register, the index referred to in section 30C(1) and the index referred to in section 30D.
(2) An tArd-Chláraitheoir, as soon as practicable following receipt of a notice under section 16(8)(a) of the Act of 2015, shall correct the appropriate entry in the register and the original entry shall be retained in the register.
(3) An tArd-Chláraitheoir—
(a) following a re-registration or correction under section 23, 23A, 24, 25, 25A, 63, 64 or 65 of an entry in the register of births, or
(b) an amendment under subsection (5), (7) or (9) of section 84 of the Act of 2010 of an entry in the Adopted Children Register,
which corresponds to an entry in the register, shall amend the appropriate entry in the register accordingly.]
Annotations
Amendments:
F112
Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 27, S.I. No. 369 of 2015.
Particulars to be entered in Register of Gender Recognition
Section 30B
Date and place of birth.
Time of birth.
Sex of child.
Forename(s) of child.
Surname of child.
Personal public service number of child.
Forename(s), surname, birth surname, address and occupation of mother.
Former surname(s) (if any) of mother.
Date of birth of mother.
Civil status of mother.
Personal public service number of mother.
Birth surname of mother’s mother.
Forename(s), surname, birth surname, address and occupation of father.
Former surname(s) (if any) of father.
Date of birth of father.
Civil status of father.
Personal public service number of father.
Birth surname of father’s mother.
Forename(s), surname, qualification, address and signature of informant.
Registration District and Area.
Date of registration.
Signature of an tArd-Chláraitheoir.]
Annotations
Amendments:
F285
Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 30, S.I. No. 369 of 2015.
Sch. 1, Part 2B
F286[PART 2B
Particulars to be entered in Register of Gender Recognition
Section 30B
Personal public service number of child.
Date and country of birth of child.
Sex of child.
Forename(s) and surname of child.
Forename(s), surname(s), birth surname(s), address and occupation(s) of adopters.
Former surname(s) of adopters.
Date(s) of birth of adopters.
Marital status of adopter or adopters.
Personal public service number(s) of adopter or adopters.
Date of adoption order.
Date of registration.
Signature of an tArd-Chláraitheoir.]
Annotations
Amendments:
F286
Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 30, S.I. No. 369 of 2015.