The Government is currently seeking submissions on its proposed changes relating to the identification of gender on birth records. These changes intend to better support the needs of transgender, non-binary, and intersex communities and to ensure their rights to safety, dignity and freedom from discrimination are upheld.

The Government is proposing that individuals can self-identify their gender on their birth records and to change the current process that is in place which enables this.

What are the proposed changes?

The primary change will enable individuals to identify their gender on their birth records by making a statutory declaration, rather than going through a Family Court process. This will make the process more accessible and less complex because proof of having undergone medical treatment will not be required.

Additionally, the proposed changes will allow for multiple changes of gender on birth records over time and will allow minors under the age of 18 to identify their gender. If a child is under the age of 16, a guardian of the child can apply for registration of the child’s nominated gender with their consent. If aged 16 to 17, the child can apply for registration of their nominated gender with the written consent of their guardian or letter of support.

The proposition also suggests that following consultation, genders other than male or female be included on birth records as a gender option.

Public submissions are currently being considered on this matter to ensure that the public has opportunity to comment on the self-identification provisions and to ensure that the changes support the communities they intend to serve. Submissions must be made by midnight on 14 September.

We will keep an eye on the proposals and provide further updates as these changes progress towards becoming the law.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.