Births, Deaths, Marriages, and Relationships Registration Act 2021

Registration of information - Births - Registration of nominated sex

25: Application by guardian of eligible child for registration of child’s nominated sex

You could also call this:

"Changing a child's sex on their birth certificate as their guardian"

Illustration for Births, Deaths, Marriages, and Relationships Registration Act 2021

You can apply to change your child's sex on their birth certificate if you are their guardian. You must say what sex you want your child to be listed as, such as male or female. You need to make a statutory declaration saying you believe your child identifies as that sex. You need a letter from someone who is suitably qualified, like a doctor, saying your child understands what this change means. This letter must also say your child wants their new sex to be on their birth certificate. If your child has already had a sex change registered, you may need to do some extra things. You can apply to change your child's sex at the same time as you apply to change their name. You will need to pay a fee for this application. You can find more information about changing your child's name under section 70, and about changing their sex if it has already been changed before under section 26.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS518842.

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24: Application by eligible person for registration of their nominated sex, or

"Apply to change your recorded sex to the one you identify with"


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26: Registrar-General must register nominated sex if requirements met, or

"Changing your sex on your birth certificate is allowed if you follow the rules."

Part 2Registration of information
Births: Registration of nominated sex

25Application by guardian of eligible child for registration of child’s nominated sex

  1. An application by the guardian of an eligible child for registration of the child’s nominated sex must—

  2. specify male, female, or any other sex or gender specified in regulations for the purposes of this paragraph as the child’s nominated sex; and
    1. include a statutory declaration by the guardian of the eligible child verifying that the guardian believes that the eligible child identifies as a person of the nominated sex; and
      1. be accompanied by a letter of support from a suitably qualified third party that confirms that the third party believes that—
        1. the eligible child understands the consequences of the proposed registration of the nominated sex; and
          1. the eligible child’s preference is for the nominated sex to appear as their registered sex on any birth certificate issued under this Act; and
          2. if the Registrar-General has previously registered a nominated sex for the eligible child under section 26, meet any additional requirements set out in regulations; and
            1. be accompanied by the prescribed fee.
              1. The guardian of an eligible child may apply for registration of a nominated sex for the child at the same time as they apply for registration of a name change for the child under section 70.