Births, Deaths, Marriages, and Relationships Registration Act 1995

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

(1)

Subject to subsections (3) and (4), the Family Court may, on the application of the guardian of an eligible child (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) 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 must cause a copy of the application to be served on—

(a)

the Registrar-General, if the child’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 child’s birth is registrable under this Act but is not yet registered, or that there is included in the record 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.

Section 29(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 29(1): amended, on 24 January 2009, by section 17(1) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 29(2): substituted, on 24 January 2009, by section 17(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 29(3)(a): amended, on 24 January 2009, by section 17(3) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).