Passports Act 2008

Gender re-assignment.

11.— (1) An applicant for a passport—

(a) who has undergone, or is undergoing, treatment or procedures or both to alter the applicant’s sexual characteristics and physical appearance to those of the opposite sex (in this section referred to as “the new sex”), and

(b) if the applicant is using a name (in this section referred to as “the new name”) other than the one referred to in subsection (1) or (2) of section 10 or, if appropriate, the name entered in the passport last previously issued to the applicant,

may apply to the Minister to have the passport issued to the applicant in the new name, if appropriate, and to have the new sex of the applicant entered in it.

(2) Where an applicant for a passport referred to in subsection (1) produces to the Minister—

(a) evidence (including medical evidence from a registered medical practitioner) to the satisfaction of the Minister to confirm that the applicant has undergone, or is undergoing, treatment or procedures or both to alter the applicant’s sexual characteristics and physical appearance to those of the new sex, and

(b) if appropriate, evidence to the satisfaction of the Minister of the use by the applicant of the new name,

the Minister may, subject to this Act, issue a passport to the applicant in the new name, if appropriate, and in which the new sex of the applicant is entered.

(3) The issue of a passport to a person in accordance with this section does not—

(a) confer any right or entitlement on the person that is not connected with the purposes of this Act, or

(b) affect any right, entitlement, duty or obligation arising under statute or otherwise.

(4) In this section “ registered medical practitioner ” means—

(a) a person who is registered in the General Register of Medical Practitioners established under section 26 of the Medical Practitioners Act 1978 , or

(b) in the case of a person outside the State, a person who is entitled under the law of the place where the person is to practise medicine in that place.