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Births, Deaths, Marriages, and Relationships Registration Act 2021

Registration of information - Births - Registration of nominated sex

27: Effect of registration of nominated sex

You could also call this:

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

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

If you register your nominated sex, your birth certificate will show the information it would have shown if your nominated sex had always been your registered sex. Your birth certificate will also show the name you had at the time of registration, or the name you had after you changed it. The birth certificate will not include any other information that might suggest you changed your registered sex. When you get a new birth certificate, it will show your most recently registered nominated sex. This is the sex you told the registry about, and it is the one that will be used on your birth certificate. You can find more information about this by looking at s 64. Your birth certificate is an important document that shows your name and sex. It must be accurate and up to date. If you have any questions about your birth certificate, you can ask for help.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS613216.

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Topics:
Family and relationships > Children and parentingRights and equality > Anti-discrimination
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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."

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

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

Part 2Registration of information
Births: Registration of nominated sex

27Effect of registration of nominated sex

  1. A person’s birth certificate must, if it is issued after registration of the person’s nominated sex, contain the information that it would have contained if, at the time of that registration,—

  2. the person’s nominated sex had always been their registered sex; and
    1. the person’s associated name had always been their registered name.

      1. A person’s associated name is,—

      2. in the case of a person who was an eligible child or eligible 16- or 17-year-old when the application to register their nominated sex was made,—
        1. the person’s registered name as at the time of registration of their nominated sex; or
          1. if the person’s registered name has subsequently been changed, their registered name immediately following registration of the first name change after registration of their nominated sex:
          2. in the case of any other person,—
            1. the person’s registered name as at the time of registration of their nominated sex; or
              1. if the person’s registered name has subsequently been changed as a result of an application made at the same time as the application to register their nominated sex, the person’s registered name immediately following registration of that name change.

              2. The birth certificate must not contain any information (other than the person’s nominated sex) that may indicate that a nominated sex has been registered for the person under this Part.

              3. For the purposes of subsections (1) to (3), a person’s nominated sex is the nominated sex most recently registered for the person under this Part as at the date of issue of the birth certificate.

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