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Contents (1995 - 62)
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Births, Deaths and Marriages Registration Act 1995 No 62
Current version for 4 May 2016 to date (accessed 30 March 2017 at 17:50)
Part 5A
Part 5A Change of sex
32A   Definitions
In this Part:
recognised details certificate means a certificate issued under section 32DD certifying the sex of a person who has undergone a sex affirmation procedure.
sex affirmation procedure means a surgical procedure involving the alteration of a person’s reproductive organs carried out:
(a)  for the purpose of assisting a person to be considered to be a member of the opposite sex, or
(b)  to correct or eliminate ambiguities relating to the sex of the person.
32B   Application to alter register to record change of sex
(1)  A person who is 18 or above:
(a)  whose birth is registered in New South Wales, and
(b)  who has undergone a sex affirmation procedure, and
(c)  who is not married,
may apply to the Registrar, in a form approved by the Registrar, for alteration of the record of the person’s sex in the registration of the person’s birth.
(2)  The parents of a child (or a parent if the applicant is the sole parent), or the guardian of a child:
(a)  whose birth is registered in New South Wales, and
(b)  who has undergone a sex affirmation procedure, and
(c)  who is not married,
may apply to the Registrar, in a form approved by the Registrar, for alteration of the record of the child’s sex in the registration of the child’s birth.
32C   Application must be accompanied by declarations by doctors
An application under section 32B must be accompanied by:
(a)  statutory declarations by 2 doctors, or by 2 medical practitioners registered under the law of any other State, verifying that the person the subject of the application has undergone a sex affirmation procedure, and
(b)  such other documents and information as may be prescribed by the regulations.
32D   Alteration of register
(1)  The Registrar is to determine an application under section 32B by making the alteration or by refusing to make the alteration.
(2)  Before altering the record of a person’s sex in the registration of the person’s birth, the Registrar may require the applicant to provide such particulars relating to the change of sex as may be prescribed by the regulations.
(3)  An alteration of the record of a person’s sex must not be made if the person is married.
32DA   Application to register change of sex
(1)  A person who is 18 or above:
(a)  who is an Australian citizen or permanent resident of Australia, and
(b)  who lives, and has lived for at least one year, in New South Wales, and
(c)  who has undergone a sex affirmation procedure, and
(d)  who is not married, and
(e)  whose birth is not registered under this Act or a corresponding law,
may apply to the Registrar, in a form approved by the Registrar, for the registration of the person’s sex in the Register.
(2)  The parents of a child (or a parent if the applicant is the sole parent), or the guardian of a child:
(a)  who is an Australian citizen or permanent resident of Australia, and
(b)  who lives, and has lived for at least one year, in New South Wales, and
(c)  who has undergone a sex affirmation procedure, and
(d)  who is not married, and
(e)  whose birth is not registered under this Act or a corresponding law,
may apply to the Registrar, in a form approved by the Registrar, for the registration of the child’s sex in the Register.
32DB   Documents to accompany application to register change of sex
An application under section 32DA must be accompanied by:
(a)  statutory declarations by 2 doctors, or by 2 medical practitioners registered under the law of another State, verifying that the person the subject of the application has undergone a sex affirmation procedure, and
(b)  such other documents and information as may be prescribed by the regulations.
32DC   Decision to register change of sex
(1)  The Registrar is to determine an application under section 32DA by registering the person’s change of sex or refusing to register the person’s change of sex.
(2)  Before registering a person’s change of sex, the Registrar may require the applicant to provide such particulars relating to the change of sex as may be prescribed by the regulations.
(3)  A registration of a person’s change of sex must not be made if the person is married.
32DD   Issue of recognised details certificate
(1)  This section applies if the Registrar registers a person’s change of sex under section 32DC.
(2)  The Registrar must, on application by or on behalf of the person, issue a certificate certifying the particulars contained in the entry in the Register.
32E   Issuing of new birth certificate
(1)  After the record of a person’s sex is altered under this Part, a birth certificate issued by the Registrar for the person must, unless otherwise requested by the person, show the person’s sex in accordance with the record as altered.
(2)  Any such birth certificate must not include a statement that the person has changed sex.
32F   Issuing of old birth certificate
(1)  The child of a person the record of whose sex is altered under this Part, or a person prescribed by the regulations, may apply to the Registrar for a birth certificate for the person that shows the person’s sex before the record was so altered.
(2)  Despite section 32E, the Registrar may issue such a birth certificate to the child or prescribed person.
32G, 32H   (Repealed)
32I   Effect of alteration of register and interstate recognition certificates
(1)  A person the record of whose sex is altered under this Part is, for the purposes of, but subject to, any law of New South Wales, a person of the sex as so altered.
(2)  A person to whom an interstate recognition certificate relates is, for the purposes of, but subject to, any law of New South Wales, a person of the sex as stated in the certificate.
(3)  An interstate recognition certificate is a certificate issued under the law of another State that is prescribed by the regulations for the purposes of this section.
32J   Effect of registration of change of sex and interstate recognised details certificates
(1)  A person the record of whose sex is registered under this Part is, for the purposes of, but subject to, any law of New South Wales, a person of the sex so registered.
(2)  A person to whom an interstate recognised details certificate relates is, for the purposes of, but subject to, any law of New South Wales, a person of the sex stated in the certificate.
(3)  An interstate recognised details certificate is a certificate issued under the law of another State that is prescribed by the regulations for the purposes of this section.