Trans people want to ‘self-nominate’ gender on birth certificate

The Minns government is considering whether to dump a requirement for transgender people to have undergone sexual reassignment surgery in order to have their birth certificates changed.

Exclusive: Transgender people would no longer have to have undergone “gender-affirming” surgery in order to have their birth certificates changed, with the Minns government “currently considering” whether to reform the law.

Under the NSW Births, Deaths and Marriages Registration (BDMR) Act, a transgender person must have undergone sexual reassignment surgery to apply for a change of sex on their certificates.

Transgender people must also “prove” to the registry they have undergone surgery by supplying statutory declarations from two Australian doctors verifying a sex affirmation procedure has taken place.

However, the government is looking at whether to overhaul the process, with Family and Communities Minister Kate Washington – acting on behalf of Attorney-General Michael Daley – acknowledging the “negative impact” the existing requirements have had on trans people.

Responding to a tabled 7200-signature petition calling for trans people to simply be able to “self-nominate” their gender, Ms Washington said the government was “currently considering” whether reforms were appropriate.

Trans woman Brianna Skinner.

Independent MP Alex Greenwich and Brianna Skinner (right) at a polling booth.

NSW was “the only state in Australia” that required a person to have undergone a sex affirmation procedure to change their birth certificate, she wrote.

“I acknowledge the concerns raised about the current requirements for changing sex markers on NSW birth certificates and the negative impact these have on the trans and gender-diverse community,” Ms Washington wrote.

“The NSW government supports the LGBTIQA+ community and is … considering whether reforms to the BDMR Act are appropriate.”

The move is set to be welcomed by independent MP Alex Greenwich, who introduced a Equality Legislation Amendment (LGBTIQA+) Bill to bring NSW birth certificate requirements in line with other States such as Queensland, which passed similar laws earlier this year.

Mr Greenwich said not all trans people underwent surgery due to cost and health risks, while others deemed it unnecessary in order to “live an authentic life”.

“Trans people do not need surgical intervention to be who they are,” he said. “But NSW is Australia’s last jurisdiction to require reproductive organ surgery before a person can alter their record of sex, leaving most trans people without accurate documentation.”

Letter from Kate Washington regarding a petition to allow transgender people to self-ID their legal gender.

Conflicting proof of identity records have created a major headache for trans people who are applying for loans, gaining an inheritance or even rolling over super.

Political staffer Brianna Skinner spent seven years trying to consolidate her superannuation, with the star of Netflix documentary We Are The Champions – “the chilli-eating episode” – struggling to meet proof of identity requirements.

Ms Skinner, who transitioned in 2013, said this was despite her tax file Number remaining unchanged.

“Even the ATO website where you can consolidate your super kept coming back with an error message,” she said.

“I had a change of name certificate, but had not changed my birth certificate. I was paying all these fees from having multiple super funds from different employers, but it all became too difficult.”