The Births, Deaths and Marriages Registration Amendment Bill 2016 (Vic) introduced in the Victorian Legislative Assembly yesterday seeks to make it easier for trans gender, gender diverse and intersex people to gain new birth certificates that accurately record their gender.
Adults will be able to apply to alter the sex recorded on their Victorian birth registration and birth certificate. They will be able to nominate their sex descriptor as male, female or specify a gender diverse or non-binary descriptor.
The Bill also introduces a new process enabling parents or a guardian to apply to alter the sex recorded on their child’s birth registration, subject to consent by that child and a supporting statement from a doctor or registered psychologist. Children over the age of 16 will be assumed to have capacity to consent.
Currently, if a person in a heterosexual marriage (i.e. under Commonwealth law) changes gender and wants a new birth certificate to reflect that, he or she will need a divorce first given non-recognition of same-sex marriage is illegal. The Victorian Bill, is passed, means that couples will no longer be forced to divorce if one partner wishes to apply to change the sex recorded on his or her birth registration.