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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).

(4)The declaration shall specify (with as much particularity as is possible in all the circumstances) all medical treatment (if any) that the child has not yet undergone that in the Court's opinion (reached in the light of the expert medical evidence) is reasonably necessary to enable the child's successful assumption and maintenance of the gender identity of a person of the nominated sex.

30Registrar-General may add information to registration of birth

(1)Subject to subsection (2) of this section, where there is deposited with the Registrar-General a declaration issued under section 28 or section 29 of this Act that relates to a person whose birth has been registered or is later registered, the Registrar-General shall, on payment of the prescribed fee (if any), include in the information relating to the birth recorded under this Act or a former Act information that the person is a person of the nominated sex.

(2)The Registrar-General shall not at any time act under subsection (1) of this section if the person concerned is then lawfully married to a person of the nominated sex.

31Registrar-General may delete information where procedures not completed

If satisfied that—

(a)Information that a person is a person of a particular sex has under section 30 of this Act been included in the information relating to the person's birth recorded under this Act or a former Act; and

(b)The information was included after the deposit with the Registrar-General of a declaration issued under section 29 of this Act; and

(c)The declaration of the Family Court included with the documents specified medical treatment that was, in the Court's opinion, reasonably necessary to enable the person's successful assumption and maintenance of the gender identity of a person of that sex; and

(d)There has been produced to the Registrar-General expert medical evidence to the effect that the person has not undergone that medical treatment, or other medical treatment having the same effect,—

the Registrar-General may delete from the information recorded the information that was included.

32Other powers not affected

Nothing in sections 28 to 31 of this Act limits or affects—

(a)The power of the Registrar-General under section 84(2) of this Act to substitute for—

(i)Incorrect information relating to a person's sex; or

(ii)Information that a person is of indeterminate sex,—

correct information relating to the person's sex; or

(b)The power of the Registrar-General under section 84(3) of this Act to cause correct information relating to a person's sex to be recorded where previously no information at all as to the person's sex was recorded.

33New information not to affect general law

Notwithstanding this Part of this Act, the sex of every person shall continue to be determined by reference to the general law of New Zealand.