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Births, Deaths, and Marriages Registration Act 1995
Part 5 Declarations of Family Court as to sex (s 28 to s 33)

Part 5
Declarations of Family Court as to sex
(s 28 to s 33)

28Declarations of Family Court as to sex to be shown on birth certificates issued for adults

(1)Subject to subsection (3) of this section, a Family Court may, on the application of a person who has attained the age of 18 years, declare that it is appropriate that birth certificates issued in respect of the applicant should contain the information that the applicant is a person of a sex specified in the application (in subsection (3) of this section referred to as the nominated sex).

(2)The Court shall cause a copy of the application to be served on the Registrar-General, and any other person who, in the Court's opinion, is interested in it or might be affected by the granting of the declaration.

(3)The Court shall issue the declaration if, and only if,—

(a)It is satisfied that there is included in the registration of the applicant's birth—

(i)Information that the applicant is a person of the sex opposite to the nominated sex; or

(ii)Information that the applicant is a person of indeterminate sex; or

(iii)No information at all as to the applicant's sex; and

(b)It is satisfied that the applicant is not a person of the nominated sex, but—

(i)Has assumed and intends to maintain, or has always had and intends to maintain, the gender identity of a person of the nominated sex; and

(ii)Wishes the nominated sex to appear on birth certificates issued in respect of the applicant; and

(c)Either—

(i)It is satisfied, on the basis of expert medical evidence, that the applicant—

(A)Has assumed (or has always had) the gender identity of a person of the nominated sex; and

(B)Has undergone such medical treatment as is usually regarded by medical experts as desirable to enable persons of the genetic and physical conformation of the applicant at birth to acquire a physical conformation that accords with the gender identity of a person of the nominated sex; and

(C)Will, as a result of the medical treatment undertaken, maintain a gender identity of a person of the nominated sex; or

(ii)It is satisfied that the applicant's sexual assignment or reassignment as a person of the nominated sex has been recorded or recognised in accordance with the laws of a state for the time being recognised for the purposes of this section by the Minister by notice in the Gazette.

29Declarations of Family Court as to appropriate gender identity for children

(1)Subject to subsections (3) and (4) of this section, a Family Court may, on the application of the guardian of a person who has not attained the age of 18 years and who has never married [or entered into a civil union] (in subsection (3) of this section referred to as the child), declare—

(a)That it is in the child's best interests to be brought up as a person of a sex specified in the application (in subsection (3) of this section referred to as the nominated sex); and

(b)That any birth certificate issued in respect of the child should contain the information that the child is a person of the sex specified in the application.

(2)The Court shall cause a copy of the application to be served on the Registrar-General, and any other person who, in the Court's opinion, is interested in it or might be affected by the granting of the declaration.

(3)The Court shall issue the declaration if, and only if,—

(a)It is satisfied either that the child's birth is registrable under this Act but is not yet registered, or that there is included in the registration of the child's birth—

(i)Information that the child is a person of the sex opposite to the nominated sex; or

(ii)Information that the child is a person of indeterminate sex; or

(iii)No information at all as to the child's sex; and

(b)It is satisfied that the child is not a person of the nominated sex, but—

(i)The guardian intends to bring the child up as a person of the nominated sex; and

(ii)Wishes the nominated sex to appear on birth certificates issued in respect of the applicant; and

(c)It is satisfied, on the basis of expert medical evidence, that the child—

(i)Has already undergone; or

(ii)If the Court grants the declaration will undergo,—

medical treatment reasonably necessary to enable the child to assume and maintain the gender identity of a person of the nominated sex; and

(d)It is satisfied, on the basis of expert medical evidence, that the child's physical conformation and gonadal and genital development are such that it is more likely that the child will be able (after undergoing any of the medical treatment not yet undergone) to assume the gender identity of a person of the nominated sex than it is that the child will be able to assume the gender identity of a person of the opposite sex (with or without medical intervention).