Judge to rule in landmark sex change case

A High Court judge is due to rule next month on a 10-year landmark legal battle by a dentist, who underwent a sex change operation, for a birth certificate describing her as female.

Dr Lydia Foy, who was born male but underwent gender realignment surgery 15 years ago, has abandoned an earlier legal claim for her original birth certificate to be altered and instead wants a new birth certificate reflecting her female gender.

Dr Foy is also seeking the first ever declaration from an Irish court that the system of birth registration here is incompatible with the European Convention on Human Rights Act 2003 if it prevents her registration as female at birth.

Such a declaration would put pressure on the Government to change the law to avoid being taken by Dr Foy before the European Court of Human Rights (ECHR). Dr Foy's case is being supported by the Free Legal Advice Centres. Flac solicitor Michael Farrell said yesterday this was the first case here where the issue of a declaration of incompatibility with the ECHR had been fully addressed.

The latest stage of the case was heard over six days in April by Mr Justice Liam McKechnie and judgment was reserved. The judge is due to deliver his decision on September 14th next.

If the judge makes a declaration of incompatibility, the Taoiseach would have to report that to the Oireachtas, Mr Farrell said.

However, unlike the UK, where the prime minister has to outline to parliament what action the government proposes to take following a declaration of incompatibility, the law here is unclear as to what should then happen, he added.

Mr Farrell said that Dr Foy had made very clear to the court she does not wish her children's succession rights to be interfered with.

Lawyers for Dr Foy's wife and two daughters had expressed concern during the hearing that altering the original birth certificate would have implications for the legal status of Dr Foy's marriage and, consequently, the succession rights.

The proceedings were initiated 10 years ago by Dr Foy (59), of Athy, Co Kildare. She has a syndrome known as Gender Identity Disorder, a recognised psychiatric condition where a person's individual sexual identity is at odds with their physical sexual indicators.

Dr Foy married and fathered two children before undergoing gender realignment surgery almost 15 years ago.

The marriage ended in the 1990s and Dr Foy changed her name by deed poll in 1993.

In 2002, the High Court, having found Dr Foy was born male, refused the application to have her birth certificate altered but urged the government to keep the situation of transgendered persons under review.

Just two days after that judgment was delivered, the European Court of Human Rights ruled in favour of British transsexual Christine Goodwin who claimed the UK's refusal to allow her to amend her birth certificate violated rights guaranteed by the European Convention on Human Rights.

Dr Foy issued the latest proceedings after Ireland's ratification of the convention and other significant legal developments in the area of rights of transgendered persons.

The recent Passports Bill allows a person who has undergone or who is undergoing treatment to change their sexual characteristics, to change the name and gender entered in their passport.

Last June, a woman who was born male but is undergoing treatment for gender identity disorder, also won her battle to have her State exam results reissued in her female name.

The State Examination Commission had initially told the woman it was not possible to reissue the results in another name.