Trans And Gender-Diverse Queenslanders Can Now Change Gender on Birth Certificate Without Sexual Reassignment Surgery
June 15, 2023In Australia, trans and gender-diverse Queenslanders will be able to change the gender on their birth certificates without having to undergo sexual reassignment surgery, in a development that advocates have called “life-changing”.
Previously, people could only apply to change the sex on their birth certificates where they'd undergone sexual reassignment surgery – an invasive, costly procedure that isn’t readily available. According to ‘ABC News’, the new laws remove that provision and instead require people to supply a supporting statement from someone they've known for 12 months or longer.
They will also allow people to formally change their name at the same time as an alteration of sex. Ymania Brown — a trans woman and a spokesperson for Equality Australia, who campaigned for the changes — said the passing of the laws was a “life-changing” development.
“Queensland was one of the last places in Australia to have cruel and outdated legal barriers that deny many trans people ID that accurately reflects their gender,” Ms Brown said.
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Attorney-General Yvette D’Ath said in a statement that the law change brings Queensland more into line with other Australian jurisdictions. “This historic bill belongs to those in the LGBTIQA+ community who despite facing the brunt of vitriol, discrimination and hate have chosen to stand up and fight for legal recognition,” she said. “I want Queensland's rainbow community to know: your lives matter, your stories matter, and your struggles matter.”
The laws allow parents or guardians of children under the age of 16 who want to change their sex on their birth certificate, and who meet certain criteria, to apply directly to the registry. Applications can also be made through the Childrens Court.
For children, the state government says an assessment by a “developmentally informed practitioner who has an established, professional relationship with them” is required. The new laws also allow both a child’s parents to be registered as either mother or father, or simply as a parent, on birth certificates.
“These laws also recognise same-sex and gender-diverse parents by acknowledging the undeniable reality that a child can have more than one mother and more than one father,” Ms D'Ath said.
The passing of the laws has been met with praise from advocacy groups including Rainbow Families Queensland and Transcend Australia. “The changes to the Act will allow all children to have the potential to lead productive lives, whilst maintaining the respect and dignity which comes with being recognised as their true identity,” Jane Hopkins from the parents' group PFLAG+ Queensland said.
Under the new laws, it will no longer be necessary for a person to have a sex marker on their birth certificate — there will instead be an ‘opt in’ approach that requires a person to request that their birth certificate include a reference to sex information.
They also give people greater say over the gender descriptors used on ID documents allowing them to nominate a descriptor of their choice. Education Minister Grace Grace told the House it's an important step for the state. “As a very proud parent of a non-binary adult child can I say that identity is very important,” she said.
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