New Government proposals to recognise transgender persons do not require applicants to have had a ‘sex change’ operation meaning a person with male sex organs could be officially recognised as a woman.

Minister for Social Protection Joan Burton announced proposals to publish legislation for the recognition for people who believe they have been born into the wrong sex, after the publication of a report by the Gender Recognition Advisory Group.

The proposed legislation would require applicants to have lived with their acquired gender for at least two years.

If applicants can provide a formal medical diagnosis of their condition they do not have to undergo a ‘sex change’ operation.

Applicants must also be over 18 and they must not be in a subsisting marriage or civil partnership.

The Minister said this legislation would be published next year.

Both the Transgender Equality Network of Ireland (TENI) and the ICCL have expressed concern about the proposed legislation because it will not allow “transgender” married people to obtain recognition under the law.

TENI have criticised the fact that the bill will not allow people who are in existing marriages or civil partnerships from obtaining “sex changes” or other “transgender” recognition.

Broden Giambrone, director of TENI, said some “transsexual” people were already in marriages with children.

“In effect, this would force them to choose between the integrity of their family and accessing a basic human right. No-one should be asked to make such a choice,” she said.

Meanwhile, the ICCL has also criticised this aspect of the proposed legislation.

ICCL deputy director Tanya Ward said that the bill should respect the marriages and civil partnerships of transgendered persons.

The ICCL is calling for any wider constitutional problem to be addressed and “not ignored and accepted”.

However, the Government believes allowing a couple to remain married where one person was now officially recognised as being of the same sex as their spouse would be unconstitutional as it would be equivalent to a same-sex marriage.

The move towards the new law came after a ruling from the European Court of Human rights (ECtHR) which found that Ireland had breached the European Convention on Human Rights (ECHR) because it didn’t recognise transgender people.

Under the proposed bill, an independent three member “Gender Recognition” Panel will be established, which will assess applications. A legal “Gender Recognition” Certificate will be issued along with a new birth cert.

The bill sets out that a person whose gender has been legally recognised would be entitled to marry a person of the opposite sex, or to enter a civil partnership with a person of the same sex.

TENI also criticised the requirement for either a formal medical diagnosis or having undergone “gender reassignment” surgery. It says that the medical criteria are restrictive and will act as a barrier for some people. The group also points to a lack of healthcare professionals who are experienced in “gender identity”.