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BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2003 - SECT 23
Application to note a reassignment of sex
23 Application to note a reassignment of sex
(1) An adult may apply to note the reassignment of the adult’s sex.
(2) An
application to note the reassignment of a child’s sex may be made by— (a)
the child’s parents; or
(b) 1 of the child’s parents if— (i) the other
parent is dead; or
(ii) the other parent’s whereabouts are unknown; or
(iii) the other parent refuses to sign the application; or
(iv) the other
parent is, for another justifiable reason, unable to apply; or
(c) the
child’s guardians.
(3) Despite subsection (2) , the registrar must accept
an application to note the reassignment of a child’s sex if a Magistrates
Court, on the application of a parent or guardian of the child, orders the
registrar to do so.
(4) The application must be— (a) in the approved form;
and
(b) accompanied by— (i) statutory declarations, by 2 doctors, verifying
that the person the subject of the application has undergone sexual
reassignment surgery; or
(ii) a recognition certificate; and Note— See the
dictionary for the definition of a
"recognition certificate" .
(c) accompanied by other information prescribed
under a regulation; and
(d) accompanied by other documents prescribed under a
regulation.
(5) For subsection (4) (b) , a statutory declaration made by a
doctor in another country may be sworn before a notary public in the other
country.
(6) In this section—
"doctor" includes a person registered as a medical practitioner under a law of
another country corresponding to the Health Practitioner Regulation National
Law.
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