Gender Recognition Act 2015
|
Part 3A of the Civil Registration Act 2004 | ||
|
| ||
27. The Act of 2004 is amended by the insertion of the following Part after Part 3: | ||
“PART 3A | ||
Register of Gender Recognition | ||
Definitions (Part 3A) | ||
30A. In this Part— | ||
‘Adopted Children Register’ means the Adopted Children Register maintained under section 84 of the Adoption Act 2010 ; | ||
‘register’ means the register of gender recognition. | ||
Entry in Register | ||
30B. (1) A person referred to in sub paragraph (i) or (ii) of section 9 (1)(a) of the Act of 2015 to whom a gender recognition certificate is issued by the Minister may contact an tArd-Chláraitheoir and request that the required particulars relating to the recognition of the gender of the person are entered in the register. | ||
(2) Where an tArd-Chláraitheoir is satisfied to make an entry in the register it shall contain— | ||
(a) if the requesting person is a person to whom sub paragraph (i) of section 9 (1)(a) of the Act of 2015 applies, such of the required particulars specified in Part 2A of the First Schedule as correspond to the required particulars that are entered in the register of births relating to that person, or | ||
(b) if the requesting person is a person to whom subparagraph (ii) of section 9 (1)(a) of the Act of 2015 applies, such of the required particulars specified in Part 2B of the First Schedule as correspond to the particulars that are entered in the Adopted Children Register relating to that person. | ||
(3) Evidence of an entry in the register and of the facts stated therein may be given by the production of a document purporting to be a legible copy of the entry and to be certified to be a true copy by an tArd-Chláraitheoir or a person authorised in that behalf by an tArd-Chláraitheoir. | ||
Index to register and privacy | ||
30C. (1) An tArd-Chláraitheoir shall maintain an index to the register. | ||
(2) Subject to subsection (4), an tArd-Chláraitheoir shall, on application by a person referred to in subsection (3) to him or her in that behalf in writing and on payment to him or her of the prescribed fee— | ||
(a) search the register and the index to that register, or | ||
(b) give the person— | ||
(i) a copy certified by him or her to be a true copy, | ||
(ii) a copy, or | ||
(iii) a certified extract, | ||
of an entry in the register specified by the person. | ||
(3) The following persons may make an application to an tArd-Chláraitheoir under subsection (2): | ||
(a) the person to whom the entry on the register relates; | ||
(b) a person who is, in relation to the person referred to in paragraph (a) — | ||
(i) the surviving spouse or civil partner, | ||
(ii) if no surviving spouse or civil partner, the child, | ||
(iii) if no surviving spouse or civil partner or child, a parent, or | ||
(iv) if no surviving spouse or civil partner, child or parent, a surviving brother or sister. | ||
(4) A copy of an entry or an extract thereof referred to in subsection (2)(b) shall omit any reference to or particulars of a personal public service number and ‘true copy’ in those provisions shall be construed accordingly. | ||
(5) The Minister, by regulations under this Act, may specify the particulars to be included in a certified extract referred to in subsection (2)(b) (iii). | ||
Separate index of connections between register of gender recognition and register of births | ||
30D. (1) An tArd-Chláraitheoir shall maintain an index to make traceable the connection between each entry in the register and the corresponding entry in the register of births or the Adopted Children Register. | ||
(2) The index maintained under subsection (1) shall not be open to public inspection, and no information from that index shall be given to any person except by order of a court. | ||
(3) A certified copy of an entry in the register, if purporting to be issued under the seal of Oifig an Ard-Chláraitheora shall be received, without further proof, as evidence of the facts stated therein and any requirement of law for the production of a certificate of birth shall be satisfied by the production of the certified copy. | ||
(4) A court shall not make an order referred to in subsection (2), where the person to whom the information relates is a child of less than 18 years of age, unless satisfied that it is in the best interest of the child. | ||
Cancellation or amendment of entry in register | ||
30E. (1) An tArd-Chláraitheoir, as soon as practicable following receipt of a notice under section 14 (9)(a) or 15 (11)(a) of the Act of 2015, shall cancel the appropriate entry in the register, the index referred to in section 30C(1) and the index referred to in section 30D. | ||
(2) An tArd-Chláraitheoir, as soon as practicable following receipt of a notice under section 16 (8)(a) of the Act of 2015, shall correct the appropriate entry in the register and the original entry shall be retained in the register. | ||
(3) An tArd-Chláraitheoir— | ||
(a) following a re-registration or correction under section 23, 23A, 24, 25, 25A, 63, 64 or 65 of an entry in the register of births, or | ||
(b) an amendment under subsection (5), (7) or (9) of section 84 of the Act of 2010 of an entry in the Adopted Children Register, | ||
which corresponds to an entry in the register, shall amend the appropriate entry in the register accordingly.”. |