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Births, Deaths and Marriages Registration Act 1997
24Application to alter register to record change of sex
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24 Application to alter register to record change of sex
(1) A person may apply to the registrar-general for alteration of the
record of the person’s sex in the registration of the person’s birth if—
(a) the person is—
young person to apply; and
(b) the person’s birth is registered in the ACT; and
(c) the person believes their sex to be the sex nominated in the
(2) The parents of, or a person with parental responsibility for, a child
may apply to the registrar-general for alteration of the record of the
child’s sex in the registration of the child’s birth if—
(a) the child’s birth is registered in the ACT; and
(b) the parents, or person with parental responsibility, believe on
reasonable grounds that alteration of the record of the child’s sex
is in the best interests of the child; and
(c) the child has not applied under subsection (1) (a) for alteration
of the record.
(3) However, an application under subsection (2) may be made by
1 parent if—
(a) the applicant is the only parent named in the register; or
(b) the applicant is the only person with parental responsibility for
decisions about the child’s sex until the child is 18 years old; or
(c) there is no other surviving parent of the child.
Examples—par (b)
• all aspects of parental responsibility are allocated to only the applicant by
operation of a parenting order under the Family Law Act 1975 (Cwlth)
• parental responsibility for making decisions about major long-term issues are
allocated to only the applicant by operation of a parenting order under the
Family Law Act 1975 (Cwlth)
• long-term care responsibility has been transferred to only the applicant under
the Children and Young People Act 2008
(4) An application under this section must set out, or be accompanied by,
the particulars prescribed by regulation.