By Dharsh Nanayakkara - 17 Sep 2021
As society becomes more inclusive and recognises our
transgender, non-binary, takatāpui and inter-sex couples, our laws
must evolve to do the same.
An individual's legal identity is first reflected in their birth
certificate. A passport and driver's licence may follow.
The Births, Deaths, Marriages and Relationships Registration Act
1995 enables eligible adults to apply to the Family Court for a
Declaration that their registered sex on a birth certificate be
changed to the gender the applicant identifies with. The applicant
must show in their affidavit (sworn or affirmed statement) that
they are living with a different gender identity than the sex
nominated on their birth certificate, and they
have had medical treatment (not necessarily surgery) or are
undergoing medical treatment to change their gender.
The medical evidence could include confirmation that the
individual has assumed or, has always had, the gender identity of
the person of the nominated sex. This process is intrusive to the
applicant's privacy and requires precious time from the Family
Court and the individual applying.
In contrast to this process for changing a birth certificate an
individual may change their nominated sex on a passport and
driver's licence through self-identification with the gender they
are living with. A change in the birth certificate is not a
prerequisite to changing the nominated sex in a driver's licence or
passport.
Fortunately the Births, Deaths, Marriages and Relationships
Registration Bill (Bill) currently before
Parliament will address this inconsistency.
The Bill passed its second reading in August 2021 with support
from all political parties. Under the Bill people would
not need to go through the Family Court nor show
evidence of medical treatment to change their nominated sex on
their birth certificate. They will be able to self identify with
their nominated sex or gender and apply directly to the Registry of
Births Deaths and Marriages to register this change.
Other jurisdictions including Argentina, Canada, the Netherlands
and Iceland already allow individuals to change their gender on
legal documents including birth certificates through
self-identification and it is timely that Aotearoa New Zealand
follows suit.
If you or someone you know have any queries arising from this
blog please contact Dharsh Nanayakkara or anyone in our
family law team. We continue
to provide full family law services throughout all lockdown levels
and are just an email or phone call away