Births, Deaths, Marriages, and Relationships Registration Act 1995

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

(1)

Subject to subsection (3), the Family Court may, on the application of an eligible adult (the applicant), 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) referred to as the nominated sex).

(2)

The court must cause a copy of the application to be served on—

(a)

the Registrar-General, if the applicant’s birth is registered or is registrable under this Act but is not yet registered; and

(b)

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 applicant’s birth is registrable under this Act but is not yet registered, or that there is included in the record 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.

Section 28(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 28(1): amended, on 24 January 2009, by section 16(1) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 28(2): substituted, on 24 January 2009, by section 16(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 28(3)(a): amended, on 24 January 2009, by section 16(3) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).