Gender Recognition Act 2015

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) not be married or a civil partner;

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