Transgender Law
Legally changing your birth gender, or the gender of your passport, can be an important step in reclaiming your gender identity. But navigating the legal process is often itself a complicated undertaking.
Passports
Australian citizens may have their gender recorded either as F (Female), M (Male), or X (Intersex). If you are looking to change the gender on your passport from that recorded
on your birth certificate, or from that recorded on a previous passport, you can do so by completing a full passport application form and providing one of the following:
- a gender recognition certificate issued by the Gender Reassignment Board, or
- a revised birth certificate issued by an RBDM (Registry of Births, Deathsand Marriages), or
- a recognised details certificate issued by an RBDM.
Alternatively, you can provide a statement from a registered medical practitioner or psychologist that you have had, or are receiving, clinical treatment for gender transition.
Further information can be found on the Australian Passport Office website.
Birth registers are controlled on a state-by-state basis, which means you need to apply for a change in the state in which you were born.
In Queensland, this process requires gender reassignment surgery. Two statutory declaration sections from doctors confirming your surgery must then be provided with your application.
You must also be 18 years of age, or your parents or guardians must have applied for parental court approval.
If you are married, Queensland law necessitates that you first divorce before applying to change the sex of your birth certificate. You will need to provide evidence of the divorce in your application.
These steps can be complicated and burdensome. If you would like to discuss them with a legal professional, or if you’d like to be represented by a team familiar with the issues, contact us.
Paul K. from Brisbane
“The team, for me completely changed the dynamics of the case. Instead of me being on the back foot and continually taking a beating I was put in charge of my destiny…”
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For advice on Transgender Law
Call us on 07 5526 3646
We can talk through the information that applies specifically to your circumstances.