Australian Capital Territory Current Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1997 - SECT 24

    (1)     A person may apply to the registrar-general for alteration of the record of the person's sex in the registration of the person's birth if—

        (a)     the person is—

              (i)     at least 14 years old; or

              (ii)     at least 12 years old, but not yet 14 years old and—

    (A)     the parents of the young person consent to the application; or

    (B)     if it is not practicable or reasonable to obtain the consent of both parents—1 parent consents to the application; or

    (C)     if a circumstance prescribed by regulation applies—a stated person with parental responsibility for the young person consents to the application; or

              (iii)     not yet 14 years old and the ACAT has granted leave under part 4A (ACAT leave for certain applications) for the young person to apply; and

        (b)     the person's birth is registered in the ACT; and

        (c)     the person believes their sex to be the sex nominated in the application.

Note 1     If a form is approved under s 69 for this provision, the form must be used.

Note 2     A fee may be determined under s 67 for this provision.

    (2)     The parents of, or a person with parental responsibility for, a child may apply to the registrar-general for alteration of the record of the child's sex in the registration of the child's birth if—

        (a)     the child's birth is registered in the ACT; and

        (b)     the parents, or person with parental responsibility, believe on reasonable grounds that alteration of the record of the child's sex is in the best interests of the child; and

        (c)     the child has not applied under subsection (1) (a) for alteration of the record.

    (3)     However, an application under subsection (2) may be made by 1 parent if—

        (a)     the applicant is the only parent named in the register; or

        (b)     the applicant is the only person with parental responsibility for decisions about the child's sex until the child is 18 years old; or

        (c)     there is no other surviving parent of the child.

Examples—par (b)

              •     all aspects of parental responsibility are allocated to only the applicant by operation of a parenting order under the Family Law Act 1975

(Cwlth)

              •     parental responsibility for making decisions about major long-term issues are allocated to only the applicant by operation of a parenting order under the Family Law Act 1975

(Cwlth)

              •     long-term care responsibility has been transferred to only the applicant under the Children and Young People Act 2008

    (4)     An application under this section must set out, or be accompanied by, the particulars prescribed by regulation.