28ARegistration of gender identity

28A Registration of gender identity

[Section 28A Inserted by No. 59 of 2001, s. 6, Applied:01 Jan 2002] [Section 28A Substituted by No. 7 of 2019, s. 21, Applied:05 Sep 2019]

(1)  A person who has attained the age of 16 years and whose birth is registered in this State may apply to the Registrar to have a gender, specified in the application, registered in relation to the person.

(2)  An application under subsection (1) by a person to have a gender registered in relation to the person –

(a) is to be in the approved form; and

(b) is to be accompanied by a gender declaration made by the person; and

(c) is to be accompanied by any other document or information that the Registrar reasonably requires, other than a medical certificate, or other medical document, in relation to the sex, sexual characteristics or gender of the person.

(3)  The parents, or guardians, of a person who has not attained the age of 16 years and whose birth is registered in this State may apply to the Registrar to have a gender, specified in the application, registered in relation to the person.

(4)  One of the parents, or a guardian, of a person who has not attained the age of 16 years and whose birth is registered in this State may apply to the Registrar to have a gender, specified in the application, registered in relation to the person, if –

(a) the applicant is the sole parent named in the registration under this Act of the person's birth; or

(b) the guardian is the sole guardian of the person; or

(c) there is no other surviving parent of the person; or

(d) the registration of the gender in relation to the person is approved by a magistrate under section 28B(2)(a) .

(5)  An application under subsection (3) or (4) to have a gender registered in relation to a person is to be –