Dáil Éireann Debate, Wednesday - 29 June 2022
134. Deputy Mick Barry asked the Minister for Justice if she will consider waiving the stamp duty for the registration of deed polls to change names in the interest of supporting trans people and others; and if she will make a statement on the matter. [34598/22]
Amharc ar fhreagraA deed poll is an official document drawn up and completed by one party only. It is most often used to declare an intention to change one’s name. There is no legal requirement to instruct a solicitor or attend the High Court to execute a deed poll and a person is not required to lodge (or ‘enrol’) the document in the Central Office of the High Court.
In order to execute a deed poll, the person declares to have given up a former name and adopted a new name for all purposes. The deed must be printed on Deed Paper (which is available from legal stationers), signed in the former name and the new name and in the presence of a witness.
A copy of the deed poll and the affidavit of attesting witness can then be used with the person's birth certificate as evidence of change of name.
Other than a minimal fee for swearing the affidavit before the solicitor or commissioner for oaths, there is no further fee involved.
A deed poll enrolled in the Central Office of the High Court has no greater effect than a deed poll which has not been enrolled. The enrolment of a deed poll in the Central Office is a facility which the Registrar of the Central Office Court provides according to custom and practice so that a person may place their change of name on a publicly accessible record. If a person wishes to enrol a deed poll in the Central Office of the High Court a €60.00 stamp duty on the deed poll must be paid.
The Minister has no plans to amend court fees in relation to this matter at present.
