Judgment reserved on birth cert case

The High Court has reserved judgment on a bid by a dentist, who was registered at birth as male but who has undergone a sex change operation, to be given a new birth certificate describing her as female.

Mr Justice Liam McKechnie was told, in amended legal submissions for Dr Lydia Foy presented to him at the close of the case yesterday, that Dr Foy is not proceeding with a claim that she is entitled to have the entry on her original birth register altered from male to female. However, Dr Foy is seeking a declaration that she is entitled to a new birth certificate describing her gender as female.

Dr Foy (59) is also seeking a declaration that the failure of the State to provide for the issuing of such a birth certificate breaches her rights under the Constitution and the European Convention on Human Rights Act 2003.

The applications are opposed by the State and by Dr Foy's separated wife and two daughters. Anne Foy is judicially separated but still legally married and contends that if Dr Foy succeeds in securing the court declarations sought, this would have major implications both for the Foys' marriage and ongoing divorce proceedings.

Such declarations would have significant and unclear implications for the rights of Mrs Foy and the estranged couple's daughters, the judge has been told.