Published 08 March 2021
Change of sex on birth certificate — female to male — transgender rights — medical evidence — Births, Deaths, Marriages, and Relationships Registration Act 1995, ss 27 & 28 — “Michael” v Registrar-General (2008) 27 FRNZ 58 (FC). The applicant sought a declaration that the record on his birth certificate be amended from female to male. The steps required to obtain a declaration were set out in “Michael” v Registrar-General. In step one it must be shown that the applicant's birth certificate records their sex opposite to the nominated sex they present. Step two requires the applicant to show they have assumed and intend to maintain the gender identity of a person of their nominated sex that they wish to show on their birth certificate. This can be shown through historical conduct and social and psychological factors. Step three involves a three-limb test. On the basis of expert evidence, the applicant must satisfy the Court: they have psychologically assumed the gender identity of their nominated sex; of a physical confirmation of that gender ;and there is permanence as to the physical change brought about by the applicant's past or current treatment. The applicant was a man whose sex on his birth certificate was registered as female. He provided evidence that he lived as a male and would do so permanently, and he had changed his legal name from a feminine to a masculine name in 2018. In terms of medical evidence, the applicant undertook counselling, had been undergoing hormone therapy treatment for over three years and had a bilateral mastectomy. He had not had gender reassignment surgery but this was not a requirement under the Births, Deaths, Marriages, and Relationships Registration Act or in case law. The Judge was satisfied all legal requirements were made out and made the declaration that the gender recorded on the applicant's birth was changed from female to male. Judgment Date: 20 February 2019. * * * Note: names have been changed to comply with legal requirements. * * *
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