NSWIn ForceAct
Births, Deaths and Marriages Registration Act 1995
32CApplication to Registrar by parents or guardians about alteration of record of child’s sex
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#### 32C Application to Registrar by parents or guardians about alteration of record of child’s sex
32C Application to Registrar by parents or guardians about alteration of record of child’s sex
> > (1) Persons or a person (each an applicant) may apply to the Registrar to alter a record of the sex, specified in the application, of a child under the age of 18 years whose birth is registered in the State if—
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> > > (a) the applicants constitute all the parents or guardians of the child, or
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> > > (b) the applicant is the sole parent named in the registration under this Act of the child’s birth, or
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> > > (c) the applicant is the sole guardian of the child, or
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> > > (d) the applicant is the child’s parent and there is no other surviving parent of the child, or
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> > > (e) an order of a court authorises the applicant to register a change of sex in relation to the child.
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> > (2) An application under subsection (1) must be—
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> > > (a) in the approved form, and
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> > > (b) accompanied by—
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> > > > (i) if the child is able to make a statutory declaration—a declaration made by the child that the child—
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> > > > > (A) identifies as being of the sex specified in the declaration, and
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> > > > > (B) lives, or seeks to live, as a person of that sex, and
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> > > > (ii) if the child is not able to make a statutory declaration but is able to express the child’s views—a statement from each applicant stating that the applicant believes on reasonable grounds that alteration of the record of sex of the child is in the child’s best interests, and
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> > > (c) accompanied by a statement from a qualified counsellor who has provided counselling to the child that the child has undertaken counselling in relation to—
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> > > > (i) whether or not the application ought to be made, and
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> > > > (ii) the implications of the alteration of the record of the child’s sex, and
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> > > (d) accompanied by a statement from the qualified counsellor referred to in paragraph (c) that the counsellor supports the application, and
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> > > (e) accompanied by any other document or information the Registrar reasonably requires.
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> > (3) The applicant must nominate a sex descriptor in the application.
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> **s 32C:** Ins 1996 No 22, Sch 2 (4). Am 2008 No 53, Sch 1 \[4\]; 2019 No 14, Sch 1.2\[4\] \[5\]. Subst 2024 No 71, Sch 1\[4\].