Published 24 May 2021
Change of sex on birth certificate — female to male — transgender rights — medical evidence — Births, Deaths, Marriages, and Relationships Registration Act 1995, ss 27A & 28 — “Michael” v Registrar_General of Births, Deaths, and Marriages FC Auckland FAM-2006-004-002325, 9 June 2008. The applicant sought a declaration that he was a male and for a birth certificate to be issued recording his sex as male. The Court has jurisdiction to make such an order under s 28 of the Births, Deaths, Marriages, and Relationships Registration Act (the Act). To satisfy s 28, first the applicant must show the registration of their birth lists their sex as the opposite of their nominated sex. Secondly, the applicant must show they have assumed and intend to maintain the gender identity of their nominated sex and they want this to appear on their birth certificate. Finally, medical evidence must show the applicant has undergone treatment to assume the physical qualities desired of their nominated sex. The medical evidence must show the psychological assumption of their nominated sex, the adoption of physical confirmation of that gender identity and the permanence of the physical change. The applicant provided a birth certificate that documented his sex as female. He stated he had been living as a male for over a year, had undergone hormone treatment and intended to undergo gender reassignment surgery. The Judge noted gender reassignment surgery is not a requirement. The applicant's doctor gave evidence that the applicant had undergone treatment and was living as a male. The applicant also noted the positive impacts on his mental health from being able to live as he truly was. As all legal requirements were satisfied, the Judge granted the application. Judgment Date: 23 August 2019. * * * Note: names have been changed to comply with legal requirements. * * *
This website explains many of the things you might want to know if you are coming to the Youth Court, or just wondering how the Youth Court works.
Visit website›Ministry of Justice website with information on family issues including about going to court, forms and other times when you may need help.
Visit website›For information about courts and tribunals, including going to court, finding a court & collection of fines and reparation.
Visit website›On this site you will find information about our Supreme Court, Court of Appeal and High Court including recent decisions, daily lists and news.
Visit website›