The legislation that governs change of sex in the Australian Capital Territory is the Births, Deaths and Marriages Registration Act 1997.

The part of this legislation that directly relates to changing sex on your legal documents is below. This is current as of 11/10/2009. (Revision 13)

If you believe that the information on this page is out of date, please let us know.

Part 4    Change of sex

23    Definitions for pt 4

In this part:

sexual reassignment surgery means a surgical procedure involving the alteration of a person’s reproductive organs that is carried out—

(a)    for the purpose of assisting a person to be considered to be a member of the opposite sex; or
(b)    to correct or eliminate an ambiguity relating to the sex of the person.

transsexual person means a person whose record of registration of birth has been altered under section 26.

24    Application to alter register to record change of sex

(1) A person may apply to the registrar-general for alteration of the record of the person’s sex in the registration of the person’s birth if—

(a)    the person is at least 18 years old; and

(b)    the person’s birth is registered in the ACT; and

(c)    the person has undergone sexual reassignment surgery.

Note 1    If a form is approved under s 69 for this provision, the form must be used.
Note 2    A fee may be determined under s 67 for this provision.

(2)    The parents or guardian of a child may apply to the registrar-general for alteration of the record of the child’s sex in the registration of the child’s birth if—

(a)    the child’s birth is registered in the ACT; and

(b)    the child has undergone sexual reassignment surgery.

(3) However, an application under subsection (2) may be made by 1 parent if—

(a)    the applicant is the only parent named in the register; or

(b)    there is no other surviving parent of the child.

(4) An application under this section must set out, or be accompanied by, the particulars prescribed by regulation.

25 Evidence in support of application

An application under section 24 must be accompanied by—

(a)    a statutory declaration by each of 2 doctors verifying that the person in relation to whom the application is made has undergone sexual reassignment surgery; and
(b)    any other documents and information that are prescribed.

26 Alteration of register

On receipt of an application under section 24, the registrar-general must—

(a)    make the required alteration to the register; or

(b)    refuse to make the required alteration.

27 Issue of birth certificates

(1) A birth certificate issued by the registrar-general in relation to a transsexual person must show the person’s sex in accordance with the record as altered.

(2) The registrar-general may issue a birth certificate showing a transsexual person’s sex before the alteration of the record if application for the certificate is made—

(a)    by the person; or

(b)    by a child of the person; or

(c)    by a person specified by regulation.

(3) A birth certificate mentioned in this section must not include any word or statement to the effect that the person to whom the certificate relates has changed sex.

28 Use of old birth certificate to deceive

A person commits an offence if—

(a) the person produces a birth certificate to someone else that shows a transsexual person’s sex before the record was altered; and

(b) the person produces the certificate with intent to deceive.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(2) It is not a defence to a prosecution for an offence against this section that the document in relation to which the prosecution is brought refers to the defendant.

(3) In this section: birth certificate includes—

(a)    a copy of a birth certificate; and

(b)    an extract from a birth certificate.

Effect of certificates issued in relation to transsexual people

(1)A birth certificate issued in relation to a transsexual person is, for the purposes of any territory law, conclusive evidence of the person’s sex as stated in the certificate.

(2) An interstate recognition certificate is, for the purposes of any territory law, evidence that the person mentioned in it is of the sex as stated in the certificate.

(3)    In this section:

interstate recognition certificate means a certificate issued, under the law of a State or another Territory prescribed for this section, in relation to a person who has undergone sexual reassignment surgery.