Births, Deaths, Marriages, and Relationships Registration Act 2021

Registration of information - Births - Registration of nominated sex

28: Registrar-General must give effect to decisions under Care of Children Act 2004

You could also call this:

"The Registrar-General must update birth records to match decisions made about a child's care and sex."

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

The Registrar-General has to follow decisions made under the Care of Children Act 2004. You can find these decisions in section 46C and section 46R of the Care of Children Act 2004. The Registrar-General must update a person's birth record with their nominated sex if a decision says they have to. The Registrar-General has to do this even if other parts of the law say something different, except for what is said in section 30. This means the Registrar-General will follow the decision made under the Care of Children Act 2004. You can find more information about this in the relevant sections of the Act. The decisions are about registering a person's nominated sex in their birth record. The Registrar-General must give effect to these decisions. This is what the law says the Registrar-General has to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS53410.

This page was last updated on 6 December 2025 — View changes

Topics:

Family and relationships > Children and parentingRights and equality > Anti-discrimination

27: Effect of registration of nominated sex, or

"What happens to your birth certificate when you change your registered sex"

29: Other correction powers not affected, or

"Changing your sex on your birth record doesn't stop other corrections being made."

Part 2Registration of information
Births: Registration of nominated sex

28Registrar-General must give effect to decisions under Care of Children Act 2004

The Registrar-General must give effect to an order under—
section 46C of the Care of Children Act 2004 (which relates to reviews of a refusal by a guardian to give consent) that requires the Registrar-General to register an eligible 16- or 17-year-old’s nominated sex in the eligible 16- or 17-year-old’s birth record; or
section 46R of the Care of Children Act 2004 (which relates to disputes between guardians) that requires the Registrar-General to register an eligible child’s nominated sex in the eligible child’s birth record.

This section is subject to section 30 but overrides any other provision in this Part.