Dáil Éireann Debate, Tuesday - 15 December 2009
286 Deputy Jack Wall asked the Minister for Social and Family Affairs the position regarding legislation regarding a court decision in respect of a person (details supplied); and if she will make a statement on the matter. [46720/09]
View answerThe High Court case in question found that the Irish State is in breach of the European Convention on Human Rights in not having a process and a register to legally recognise the acquired gender of transsexual persons. The judgement, however, allows the State a degree of latitude in the design of the mechanisms to give such legal recognition. In the revised Programme for Government the need to provide legal recognition for transsexuals was accepted. I will be moving to progress this matter in the near future. The means by which legal recognition will be effected may include legislation and in any event will require careful consideration and consultation.
287 Deputy Jack Wall asked the Minister for Social and Family Affairs the procedures open to a family to register their two children (details supplied); and if she will make a statement on the matter. [46929/09]
View answerThe registration of births, including the assignment of surnames in births entries, is governed by the provisions contained in the Civil Registration Act, 2004. Under the provisions of section 22 of the Act, the parents may assign the surname of their choice to their newborn child, by means of mutual agreement.
In relation to their first-born, the position is that the child's birth was registered on 7th November 2004 and re-registered by both parents on 4th October 2007, under the provisions of section 23 of the Act, in order to include the particulars of the father. At the time of the re-registration, the parents were entitled to change the surname of the child but did not opt to do so.
Under the provisions of the Act, a birth which has been re-registered under section 23 may be re-registered only under the provisions of section 24, following the inter-marriage of the parents. Consequently, I am sorry to inform you that there are no statutory provisions currently available that would allow for any alteration to the surname entered in the register of births.
However, there are no provisions within the Act, or elsewhere, which stipulate that a child must be known by the name contained in the register of births. Under common law, names are a matter of usage and repute, and the parents in this case are free to refer to the child by a surname of their choosing. In some instances, it may be useful to swear out a deed poll, as documentary evidence of a change of surname. This will not, of itself, allow for a change to the birth entry but a deed poll can be presented along with a birth certificate, as required. Further information regarding deed polls is available from the Courts Service, Deed Poll Section, The Four Courts, Dublin 7 (Tel 01 888 6508).
