The Government has cleared the way for the altering of birth certificates of people who have undergone “sex change” operations or otherwise had their ‘true gender’ recognised.

Yesterday, it withdrew its appeal against a High Court ruling which held that the State’s refusal to change the birth certs of those who had undergone such procedures was a breach of the European Convention on Human Rights.

The case was brought by Dr Lydia Foy, a former dentist who was registered as male at birth and fought for legal recognition to live as a woman. The initial High Court ruling said that Dr Foy was not entitled to have his birth cert altered.

However, the same week the European Court of Human Rights ruled that people who had undergone sex change operations had the right to have their new “gender” re-registered on their birth certs.

The move comes after the Government indicated last month that it was in the process of drawing up legislation to allow “transgendered” persons to have their birth certs altered. The new legislation is also set to allow such persons marry in their acquired gender.

Transgendered people are those who have had gender reassignment surgery and/or treatment, having been diagnosed with gender identity disorder.

Under current law a transgendered person cannot have a birth certificate issued with his or her new gender, and does not have the right to marry in that identity.

In anticipation of the withdrawal of the legal appeal the Government has set up an inter-departmental committee on the legal recognition of transsexuals.

According to a report in the Irish Times, the gender recognition advisory group held its first meeting on May 6th and is due to make recommendations on legislation within six months. Under its terms of reference it is to propose heads of a Bill to provide for:

· A process for legal recognition of the acquired gender of persons suffering from gender identity disorder who have made transition from one gender to another;

· To set up a gender recognition register for such persons. The certificates issued by this register should be indistinguishable from birth certificates and not refer to the fact a person has acquired a new gender;

· An entitlement to transsexuals to marry in the legally recognised reassigned gender