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, Deaths and 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 Certificate
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 simply like to be represented by a team familiar with the issues, contact us.

FOR ADVICE ON TRANSGENDER LAW

CALL US ON 07 5526 3646
We can talk through the information that applies specifically to your circumstances.
lgbt rights

TESTIMONIAL

“A leading collaborative lawyer in Australia, Cassandra was co founder of the Queensland group and remains devoted to supporting excellence in collaborative practice in her work, her firm, her community and her country….”

 

– FROM VICTORIA SMITH