Transgender and Birth Certificates

[Voltaire1694]

Aussie Rootchatters might be interested in this article from Radio National's Law Report (http://www.abc.net.au/radionational/programs/lawreport/2017-06-27/8651398) about a recent UN Human Rights Commission ruling against the NSW Government's refusal to change the sex on a birth certificate. Interesting interaction between the birth certificate, passport and the Marriage Act. The concern about changing the sex on the certificate seems to derive from implications under the Marriage Act, in this case, rather than changing the sex itself. So I guess it can be done otherwise.

[bitzar]

You're right... an interesting and thought provoking article.

bitzar.

[Rosinish]

Changing the details on a birth cert. seems ludicrous along with the fact the person changed sex after having married.

In that case it would be an idea to do what is done on Scottish certs. where there are changes & that would be to include a 'RCE' which shows changes such as divorce & other things but could include change of sex?

I don't know if there's such a thing in Scotland with a change of sex as a 'RCE' as I haven't come across one but it would make sense.

Imaging all the other docs which would need changed to suit such as census records & anything else related to anyone who is 'transgender' 

Common sense would say to leave as is but add a note of the change on such docs as BMDs 

Annie

[Voltaire1694]

I can understand the need to change the certificate, given the importance of a birth certificate to other documents / events where gender is an issue, such as passport and marriage. However, I'd agree, there has to be some other way than completely rewriting history. In 100+ hundred years or so, after privacy restrictions are dropped, it would be hard to trace what happened to an individual. Though I guess it would be similar for adoptions.

[majm]

There has been a significant legal case in recent times re a NSW case of a transgender person seeking ID documents etc.  The person was born in Scotland and the birth registered this person as male. In 2015 this person was seeking to marry a male person.   The matter went all the way to the High Court of Australia who ruled that the NSW BDM could issue documentation showing the person's gender was non-specific. 

ADD
(PS, in Australia, marriage is between a male and a female, so they could not marry as the documentation to be issued by NSW BDM would not show that this person was a female)

JM

[Ruskie]

It could get very complicated if the person decides to revert to their given sex at birth. I believe it has happened.

I have not read the linked article yet, but for anyone wishing to go down this route, I would think a second birth certificate could be issued, rather than amending their original one. Surely that would make everyone happy.

After registering my daughter's birth I decided I was not happy with her name, so returned to the registrar's office and changed it. She therefore has two birth certificates. There is nothing on either of them which says there was an amendment, but her birth is indexed seperately under both names with the same parent's names in both cases. *

Just a thought, which may have been covered in the above link which I have not yet  read. 

*this was in the UK

Added: the reason I suggested issuing a new b/c rather than amending or adding to the original, is that it would be a complete break from their birth identities (if that is what they wish) and no questions would be asked by anyone seeing the certificate as to what any amendments refer to. If they ever decide they wish to revert to their sex at birth, then they still have their original untouched b/c. I believe than in the case of the name change for my daughter, although it is indexed twice, I believe that the reference numbers are the same, so there is no doubt it is the same birth. The same may be able to be done with change of gender?

[bitzar]

team

Who know's what this Australian government would decide?!?!  Seems feasible that an amendment is made to the original certificate showing that an change has been made, or a new cert issued showing that a change has occurred on the original maybe, like an 'R' etc after the registration number.

Off subject although still of interest maybe...

I remember a few years ago a newly married male couple from England were honeymooning in South Australia.  Tragically one of the men passed away while in South Australia and due to Australia's laws the widowed husband could not be described as 'husband' on the death certificate!  I cant remember the outcome of this but I do recall the public outcry...

bitzar.