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Gender Recognition

Dáil Éireann Debate, Tuesday - 28 April 2026

Tuesday, 28 April 2026

Ceisteanna (846)

Ruth Coppinger

Ceist:

846. Deputy Ruth Coppinger asked the Minister for Justice, Home Affairs and Migration further to Parliamentary Question No. 2174 of 14 April 2026, if he will outline where the requirement for evidence of two year usage of a name that has been changed with a gender recognition certificate is published to naturalisation applicants; if this two year's usage requirement is informed by the Gender Recognition Act 2015; if those who wish to use a spouse's surname if a two year usage requirement is sought (details supplied); and if he will make a statement on the matter. [30340/26]

Amharc ar fhreagra

Freagraí scríofa

I can advise the Deputy that the two-year usage requirement referred to is not contained in and does not arise from the Gender Recognition Act 2015. It corresponds with similar requirements of the Passport Office of the Department of Foreign Affairs and Trade and other Government Departments.

Under the Irish legal system, a person’s name is the name by which they are known, or which they commonly use. For most people, evidence of their name is most commonly provided and accepted in the form of a birth certificate, which may be supported by a marriage certificate in the case of a change of name on marriage.

The name by which a person is known by is acquired through "use and repute". Where a person seeks to use a different name acquired through use and repute in the naturalisation process, my Department requires that they provide evidence that they have been using that new name for a period of at least two years. This reflects standard administrative practice across other public and private sector bodies.

Separately, where an applicant has changed their surname arising from marriage or civil partnership, a certified copy of their marriage certificate or civil partnership registration is required. In such cases, the applicant may continue to rely on an in-date passport and prior residency proofs in their former name, as the marriage or civil partnership certificate provides the evidential link between the former and new surnames.

Question No. 847 answered with Question No. 801.
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