Gender Recognition Act 2015

12.

Application to court for exemption

12. (1) The Minister may only consider an application for a gender recognition certificate under section 8 or 11 or for revocation of a gender recognition certificate under section 15 , made on behalf of a child who has attained the age of 16 but not 18 years, if furnished with an order of the court under this section.

(2) The court, on application to it in that behalf by the next friend of a child who has attained the age of 16 but not 18 years, may by order exempt the child from the requirement to comply with section 9(2)(a) or 15(8)(b) .

(3) An application under this section—

(a) may be made informally,

(b) may be heard and determined otherwise than in public, and

(c) shall not have a court fee charged in respect of it.

(4) The court shall only grant an application under this section if—

(a) subject to subsection (5), the court is satisfied, that, as appropriate, the child’s parents, surviving parent or guardian consent or consents to the making of the application under this section,

(b) in relation to an application for a gender recognition certificate under section 8 or 11

(i) a certificate in writing of a medical practitioner is furnished to the court certifying—

(I) that he or she is the child’s primary treating medical practitioner,

(II) that in the professional medical opinion of the medical practitioner —

(A) the child has attained a sufficient degree of maturity to make the decision to apply for gender recognition,

(B) the child is aware of, has considered and fully understands the consequences of that decision,

(C) the child’s decision is freely and independently made without duress or undue influence from another person, and

(D) the child has transitioned or is transitioning into his or her preferred gender,

and

(ii) an endocrinologist or psychiatrist, who has no connection to the child, furnishes to the court a certificate in writing certifying that his or her medical opinion concurs with the medical opinion referred to in sub paragraph (i),

and

(c) in relation to an application to revoke a gender recognition certificate under section 15

(i) a certificate in writing of a medical practitioner is furnished to the court certifying—

(I) that he or she is the child’s primary treating medical practitioner,

(II) that in the professional medical opinion of the medical practitioner—

(A) the child has attained a sufficient degree of maturity to make the decision to live in his or her original gender for the rest of his or her life,

(B) the child is aware of, has considered and fully understands the consequences of that decision,

(C) the child’s decision is freely and independently made without duress or undue influence from another person, and

(D) the child has reversed the transition or ceased transitioning into the preferred gender,

and

(ii) an endocrinologist or psychiatrist, who has no connection to the child, furnishes to the court a certificate in writing certifying that his or her medical opinion concurs with the medical opinion referred to in sub paragraph (i).

(5) The court may make an order dispensing with the requirement of the consent of a person referred to in subsection (4)(a) to the making of an order under this section where satisfied that the consent cannot be obtained because the person cannot be identified or found or is failing or neglecting to respond to a request for consent or should not be obtained because the nature of the relationship between the child concerned and the person shows that it would not be in the interest of the safety or welfare of the child to contact the person.

(6) The court shall not make an order under this section unless satisfied that it is in the best interest of the child.

(7) In this section “guardian” means a person who—

(a) is a guardian of a child pursuant to the Guardianship of Infants Act 1964, or

(b) is appointed to be the guardian of a child by—

(i) deed or will, or

(ii) order of a court in the State,

and has not been removed from office.