Gender Recognition

Dáil Éireann Debate, Tuesday - 17 October 2023

Tuesday, 17 October 2023

Questions (347)

Carol Nolan

Question:

347. Deputy Carol Nolan asked the Minister for Social Protection to outline the inquiries, if any, which are undertaken by her or her Department to ensure that an applicant for a gender recognition certificate under the Gender Recognition Act 2015 has a settled and solemn intention of living in the preferred gender for the rest of their lives, as required by the Act; the steps taken to establish the veracity of statutory declarations made to that effect by applicants under the Act; and if she will make a statement on the matter. [44637/23]

Written answers

Minister for Social Protection

The Gender Recognition Act 2015 provides for a self-determination or self-identification model for legal recognition of a person’s preferred gender where that person is aged 18 or over.

The applicant must sign a statutory declaration indicating their settled and solemn intention to live in their preferred gender for the rest of their life, that they understand the consequences of the application, and make it of their own free will. The statutory declaration is made in accordance with the terms of the Statutory Declarations Act 1938, and must be witnessed by a Peace Commissioner, Notary Public, Commissioner for Oaths, or Solicitor.

Statutory declarations are used in a wide variety of regulatory settings in the State, and the requirement for a person to complete a statutory declaration for the purposes of declaring their preferred gender is intended to ensure the necessary degree of formality for such an event.

I trust this clarifies matters for the Deputy.