Lewis v Registrar General of Births Deaths and Marriages [2020] NZFC 6077

Published 10 May 2021

Application for declaration of change of sex on birth certificate — transgender rights — male to female — Births, Deaths, Marriages, and Relationships Registration Act 1995, s 28 — Michael v Registrar-General of Births, Deaths and Marriages (2008) 27 FRNZ 58. This was an application for a declaration that the applicant's gender be shown as female on her birth certificate. In order for a court to grant a declaration under s 28 of the Births, Deaths, Marriages and Relationships Registration Act ("the Act"), it must be satisfied that the procedural criteria is met. This was a three-step process. The Judge was satisfied that the applicant had lived and would continue to live as her nominated sex; that on medical evidence she had undergone medical treatment which accorded with the nominated sex; and that she would sustain her new identity. It was not necessary for the applicant to have undergone gender reassignment surgery, just that the steps taken satisfied a court that the test was met. This was the case here, and the Judge made an order for a declaration that the gender on the applicant's birth certificate be shown as female. * * * Note: names have been changed to comply with legal requirements. * * *