32DBApplication to Registrar by parents or guardians about registration of acknowledgment of child’s sex

#### 32DB Application to Registrar by parents or guardians about registration of acknowledgment of child’s sex 32DB Application to Registrar by parents or guardians about registration of acknowledgment of child’s sex > > (1) This section applies in relation to a child if— > > > > > (a) the child is under the age of 18 years, and > > > > > (b) the child is an Australian citizen or permanent resident of Australia, and > > > > > (c) the child lives, and has lived for at least one year, in New South Wales, and > > > > > (d) the child’s birth is not registered under this Act or a corresponding law. > > > (2) The following persons or a person (each an applicant) may apply to the Registrar for the registration of an acknowledgment of the child’s sex, specified in the application, if— > > > > > (a) the applicants constitute all the parents or guardians of the child, > > > > > (b) the applicant is the sole parent named in the registration under this Act of the child’s birth, > > > > > (c) the applicant is the sole guardian of the child, > > > > > (d) the applicant is the child’s parent and there is no other surviving parent of the child, > > > > > (e) an order of a court authorises the applicant to register a change of sex in relation to the child. > > > (3) An application under subsection (2) must be— > > > > > (a) in the approved form, and > > > > > (b) accompanied by— > > > > > > > (i) if the child is able to make a statutory declaration—a declaration made by the child that the child— > > > > > > > > > (A) identifies as being of the sex specified in the declaration, and > > > > > > > > > (B) lives, or seeks to live, as a person of that sex, and > > > > > > > (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 the registration of an acknowledgment of the child’s sex is in the child’s best interests, and > > > > > (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— > > > > > > > (i) whether or not the application ought to be made, and > > > > > > > (ii) the implications of the registration of the acknowledgement of the child’s sex, and > > > > > (d) accompanied by a statement from the qualified counsellor referred to in paragraph (c) that the counsellor supports the application, and > > > > > (e) accompanied by any other document or information the Registrar reasonably requires. > > > (4) The applicant must nominate a sex descriptor in the application. > > **s 32DB:** Ins 2008 No 53, Sch 1 \[5\]. Am 2019 No 14, Sch 1.2\[6\] \[7\]. Subst 2024 No 71, Sch 1\[4\].