Application to Register Change of Sex of Adult

APPLICATION TO REGISTER CHANGE OF SEX OF ADULT

INSTRUCTION SHEET

From 1 June 1997 persons born in the Northern Territory who have undergone sexual reassignment surgery can apply to the Registrar of Births, Deaths and Marriages to record their new sex on their birth certificate. A person born in the Northern Territory who is 18 years or older may apply to the Registrar to have the record of their sex altered on the birth certificate if they are not legally married and have undergone sexual reassignment surgery.

SEXUAL REASSIGNMENT SURGERY

Sexual Reassignment surgery means a surgical procedure involving the alteration of a person’s reproductive organs for the purpose of assisting a person to be considered to be a member of the opposite sex, or to correct or eliminate ambiguities relating to the sex of the person.

RECOGNITION CERTIFICATE

An approved form is to be lodged together with documentary evidence. This evidence consists of:

A Recognition Certificate as defined by section 28A of the Births, Deaths and Marriages Registration Act; or
Statutory declarations from 2 medical practitioners as prescribed; and

Other documents and information, if any, as the Registrar requires.

(See attachment for details of relevant legislation)

IDENTIFICATION

Upon application to register a change of sex, sufficient identification needs to be produced such as a passport or driver’s license in accordance with the Registrar’s Identification Requirements policy.

OLD BIRTH CERTIFICATES

Any existing birth certificates should be submitted to the Births, Deaths & Marriages Office for notation that the certificate has been superseded. The certificate(s) will be returned to the applicant. It is an offence for a person, with the intention to deceive, to produce a birth certificate that shows the person’s sex before his or her change of sex.

(Maximum Penalty: 85 penalty units or imprisonment for 2 years).

NEW BIRTH CERTIFICATES

When the change of sex is registered, a birth certificate issued from the Registrar will, unless requested by the person, show the changed sex. The birth certificate will not include a statement that the person has changed sex. Any changes of name recorded prior to an application for notation of change of sex, which indicate that the person may have changed sex, will not as a general rule be printed on the reverse of the birth certificate unless an applicant specifically requests otherwise. A name change recorded at the time of the sex change notation, which infers that a sex change has taken place, will not be printed on the birth certificate unless this is requested by the applicant.

PREVIOUS MARRIAGES

A Decree Absolute will need to be produced for persons who have previously been married and are now divorced, or a death certificate for those who are widowed.

CHANGE OF NAME

For persons wishing to change their name as a result of the change of sex, a change of name form will need to be completed and fees paid. No requirement will exist to advertise the change in a newspaper.

Fees:Change of Sex $46.00

Change of Name$46.00

New Birth Certificate$46.00

PREVIOUS CHANGE OF NAME

If a person has previously changed their name, whether within or outside of the Northern Territory, and they wish to have the name changed noted on the birth certificate, the original change of name certificate of Deed Poll etc. will need to be forwarded to the Registry for sighting. There are no fees for noting a change of name on the birth certificate.

ACCESS TO OLD BIRTH CERTIFICATE

Access to the old birth certificate is restricted by legislation. Persons who may apply are the person themselves, executor or administrator of the person’s estate, a child, spouse or former spouse of the person, police officer of other person entitled by Law.

ENQUIRIES

If you have any further inquiries about the procedures relating to change of sex, please telephone theOffice Manager of Births, Deaths and Marriages on (08) 8999 6090 or write to: Births, Deaths and Marriages, GPO BOX 3021, DARWIN NT 0801.

NOTING CHANGE OF SEX UNDER PART 4A OF THE BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT

RELEVANT LEGISLATION

Section 28A Definitions

recognition certificate means a certificate that:

(a)is issued under a law that recognises that a person who has undergone sexual reassignment surgery may have changed sex; and

(b)is issued in respect of a person who, having undergone sexual reassignment surgery, has changed sex; and

(c)states the sex of that person as so changed.

Section 28C Information that must accompany certificate

An application under section 28B must be accompanied by:

(a)the prescribed evidence, if any, that verifies that the adult or child the subject of the certificate has undergone sexual reassignment surgery; and

(b)other documents and information, if any, as the Registrar requires.

Regulation 4A Information to accompany application for registration of change of sex

For section 28C(a) of the Act, the evidence that verifies that the adult or child the subject of the application has undergone sexual reassignment surgery is:

(a)a recognition certificate; or

(b)if the adult or child has not been issued with a recognition certificate, 2 statutory declarations, each by a medical practitioner who is entitled to practise medicine within the Commonwealth, declaring that:

(i)the adult or child has undergone sexual reassignment surgery and has changed sex; and

(ii)at the time of making the declaration, the medical practitioner sighted proof of the adult’s or child’s identity and believes that the adult or child is the adult or child who is or will be the subject of the application.

Section 28G Use of old birth certificate

A person in respect of whom a change of the person’s sex is registered under this Part must not, with the intention to deceive, produce to another person a birth certificate of the person that shows the person’s sex before his or her change of sex.

Maximum penalty: 85 penalty units or imprisonment for 2 years.

APPLICATION TO REGISTER CHANGE OF SEX OF ADULT

(Section 28B of the Births, Deaths and Marriages Registration Act, Northern Territory of Australia)

Full Name of Applicant who has undergone Sexual Reassignment Surgery / Address
Residential:
Postal:
Daytime Telephone No:
Date of Birth / Place of Birth
N.T.
Full Name of Father / Full Name and Maiden Surname of Mother
Marital Status(eg. Never Validly Married, Divorced, Widowed) / Sex at Birth
I have undergone Sexual Reassignment Surgery
on (Date)………………………………………………………
at (Place)………………………………………………………………………..
Do you wish to formally change your name as a result of the sex change?
(If yes, a separate change of name form will need to be completed OR
enclose an original change of name document if the change has already Yes No
been registered)
I attach the following: (tick the option that is applicable)

a Recognition Certificate as defined under the Act

Two (2) Statutory Declarations from Medical Practitioners containing the particulars as prescribed

I ………………………………………………………………………………………….hereby declare:

(Please State your Full Name)

that I am not currently validly married;
that I have undergone sexual reassignment surgery; and
that I have received adequate and sufficient counselling in relation to my sexual identity and I hereby apply to have my Birth Certificate amended to record the change of my sex.

Full Name of Witness

Signature…………………………………….

………...………………………………………………

Date Signed…………………………………Signature of Witness

…………………………………………………………

Telephone Number…………………………………..

MEDICAL PRACTITIONER’S STATUTORY DECLARATION UNDER REGULATION 4A(b)

This is a confidential disclosure for the purposes of noting change of sex on the birth certificate of a person who has undergone sexual reassignment surgery. The form will be treated in the strictest confidence.

Full Name of Medical Practitioner / Surgery Address
Medicare Provider Number / Daytime telephone number

I the above named Medical Practitioner do solemnly and sincerely declare:

(please tick)

 I am registered in the Commonwealth as a medical practitioner.

 I have examined / performed sexual reassignment surgery on

______

(Full name of person who has undergone sexual reassignment surgery)

whose identity I have verified from documents produced to me, and I believe that the person is the subject of the application.

I confirm this person has undergone sexual reassignment surgery as defined under s.28A of the Births, Deathsand Marriages Registration Act, namely:

Sexual reassignment surgery 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

and has changed sex. I support the application of______to have his/her birth certificate noted with a change of sex from

______(here state old sex) to ______(here state new sex).

and I make this solemn declaration by virtue of the Oaths Act and conscientiously believing the statements contained in this declaration to be true in every particular.

Declared at ______on ______

Signature of Medical Practitioner______

Signature of Witness______

Full Name of Witness______Telephone no:______