Births, Deaths, and Marriages 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) 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.

    Subsection (1) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the words or entered into a civil union after the word married.