Application for declaration of change of sex on birth certificate — transgender rights — male to female — hormone therapy treatment — Births, Death, Marriages and Relationships Registration Act 1995, ss 27A & 28 — "Michael" v Registrar-General of Births, Deaths and Marriages (2008) 27 FRNZ 58 (FC) — DAC v Registrar-General Births, Deaths and Marriages [2013] NZFC 1998. The applicant sought a declaration as to sex on her birth certificate. The applicant had been born a biological male and struggled with gender identity while growing up but did not realise transitioning was a possibility. After a referral to a sexual health clinic by a GP, the applicant began female hormone therapy and testosterone blocking therapy. Affidavits of support from the applicant's employer, partner, friend, sibling, physician and a psychotherapist demonstrated that the applicant wanted to live, and was living, as a woman. In order for a court to grant a declaration under s 28 of the Births, Deaths, Marriages and Relationships Registration Act 1995 ("the Act"), it must be satisfied that the procedural criteria is met. The applicant was an "eligible adult", being over the age of 18, and the administrative steps were met. The substantive test from the "Michael" case requires a three-step assessment: firstly, that the birth certificate contains information that the applicant is a person of the sex opposite to the nominated sex; secondly, whether the applicant has always intended to maintain that gender identity; and thirdly, satisfaction on expert medical evidence of the applicant's psychological assumption of the assigned gender identity; the applicant's adoption of the physical conformation of the gender identity as a result of medical treatment; and the permanence of the physical change brought about by the applicant's past or current treatment. The Judge concluded that all elements of the test were met, granting the application and directing a new birth certificate to reflect the change from male to female be issued accordingly. Judgment Date: 25 May 2020. * * * Note: names have been changed to comply with legal requirements. * * *