Transgender dentist continues legal fight

Tuesday 17 April 2007 20.28
Dr Lydia Foy - Case continues
Dr Lydia Foy - Case continues

A dentist who had a sex change operation is continuing her legal battle to be registered at birth as female.

Dr Lydia Foy has asked the High Court to rule that the failure to put a system in place which would allow her to be registered as female means the State is in breach of the European Convention on Human Rights Act.

Dr Foy's senior counsel, Bill Shipsey said the High Court had already urged the Government to address the registration of transgendered people.

He added that even though the European Court of Human Rights ruled five years ago in favour of two transgendered residents of the UK, the State had done nothing to make provisions for its transgendered citizens.

Dr Foy suffers from a syndrome called Gender Identity Disorder - a condition under which a person's sexual identity is at odds with their physical sexual indicators.

She married in 1977 and has two daughters. She has lived as a female since 1991 and underwent surgery in 1992.

In July 2002, the High Court refused to direct the Registrar of Births to describe Dr Foy as female on her birth certificate.

Two days after that decision, the European Court of Human Rights ruled the UK's refusal to recognise transgendered people and give them new birth certificates breached their rights under the European Convention.

The Supreme Court returned the case to the High Court in 2005 to deal with issues raised by the European decisions.