On Tuesday 25 February, Minister for Social Protection Joan Burton introduced new proposals to amend the already delayed Gender Recognition Bill. Under the new proposals, transgender people will be permitted to apply for legal recognition of their acquired gender from the age of 16 as opposed to 18. The process outlined in the original draft Bill will allow the Department of Social Protection to issue the transgender person a gender recognition certificate. Thereafter, the transgender person will be able to apply for a new birth certificate.
The Children’s Ombudsman and the Oireachtas Committee on Education and Children both recommended the reduction of the age of legal recognition from 18 to 16. In her submission to the Government, the Ombudsman Emily Logan argued that the introduction of legal recognition at 16 would bring it in line with the age for consent for medical transition for transgender people. If the original legislation was not changed accordingly, a transgender person could have a medical transition at 16 or 17 but could not have their gender legally recognised by the state until they reached the age of 18.
As a result of the intervention of the Ombudsman and the resultant Ministerial proposal, the Government has lowered the age for legal recognition to 16. However, there is still a requirement for parental consent for those under 18 years of age.
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