Humphrey v Registrar General of Births Deaths and Marriages [2019] NZFC 9844

Published 12 March 2020

Application for declaration of change of sex on birth certificate — transgender rights — male to female — medical treatment — gender reassignment surgery — Births, Death, Marriages and Relationships Registration Act 1995, s 28 — Michael v Registrar-General of Births, Deaths and Marriages [2008] 27 FRNZ 58. The applicant sought a declaration of change of sex on the applicant's birth certificate under s 28 of the Births, Death, Marriages and Relationships Registration Act (the Act). The applicant's birth certificate listed the applicant's sex as male but she identified and lived as a female. She was in her forties and provided evidence from several doctors that she had undergone counselling, hormone treatment, facial surgery and hair transplants. She also planned to have voice surgery and to travel to Thailand to undergo gender reassignment surgery. The Judge was satisfied the applicant was over 18, her birth certificate showed her sex as male, she lived (and intended to continue living) as woman and had undergone medical treatment. All the requirements of the Act were met and the declaration was granted. Judgment Date: 21 November 2019. * * * Note: names have been changed to comply with legal requirements. * * *