QLDIn ForceAct
Births, Deaths and Marriages Registration Act 2023
sec.40Application to alter record of sex of child under 16 years in relevant child register
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### sec.40 Application to alter record of sex of child under 16 years in relevant child register
This section applies if the person is a child under 16 years.
The child’s parents may apply to alter the record of sex of the child.
However, 1 of the parents may apply to alter the record of sex of the child if—
the parent is the only parent of the child entered in the relevant child register or shown on the child’s birth certificate; or
the other parent is dead and there is no other person with parental responsibility for the child; or
the parent has sole parental responsibility to make decisions about major long-term issues for the child under a parenting order made under the Family Law Act 1975 (Cwlth) , part VII; or
the parent has obtained an order from the Childrens Court under section 44 , or from another Queensland court or a non-Queensland court, directing the registrar to accept the application; or
the parent has obtained a dispensation order.
A person may apply to alter the record of sex of the child if—
circumstances stated in column 1 of the table in schedule 1 , part 1 apply to the person in relation to the child; and
the person is a person mentioned in column 2 of the table opposite those circumstances.
Two or more persons may apply to alter the record of sex of the child if—
circumstances stated in column 1 of the table in schedule 1 , part 2 apply to the persons in relation to the child; and
the persons are persons mentioned in column 2 of the table opposite those circumstances.
The child may apply to alter the record of sex of the child if the child has obtained an order from the Childrens Court under section 45 directing the registrar to accept the application.
In this section—
alter the record of sex , of a child, means alter the record of sex of the child in the relevant child register.
(sec.40-ssec.1) This section applies if the person is a child under 16 years.
(sec.40-ssec.2) The child’s parents may apply to alter the record of sex of the child.
(sec.40-ssec.3) However, 1 of the parents may apply to alter the record of sex of the child if— the parent is the only parent of the child entered in the relevant child register or shown on the child’s birth certificate; or the other parent is dead and there is no other person with parental responsibility for the child; or the parent has sole parental responsibility to make decisions about major long-term issues for the child under a parenting order made under the Family Law Act 1975 (Cwlth) , part VII; or the parent has obtained an order from the Childrens Court under section 44 , or from another Queensland court or a non-Queensland court, directing the registrar to accept the application; or the parent has obtained a dispensation order.
(sec.40-ssec.4) A person may apply to alter the record of sex of the child if— circumstances stated in column 1 of the table in schedule 1 , part 1 apply to the person in relation to the child; and the person is a person mentioned in column 2 of the table opposite those circumstances.
(sec.40-ssec.5) Two or more persons may apply to alter the record of sex of the child if— circumstances stated in column 1 of the table in schedule 1 , part 2 apply to the persons in relation to the child; and the persons are persons mentioned in column 2 of the table opposite those circumstances.
(sec.40-ssec.6) The child may apply to alter the record of sex of the child if the child has obtained an order from the Childrens Court under section 45 directing the registrar to accept the application.
(sec.40-ssec.7) In this section— alter the record of sex , of a child, means alter the record of sex of the child in the relevant child register.
- (a) the parent is the only parent of the child entered in the relevant child register or shown on the child’s birth certificate; or
- (b) the other parent is dead and there is no other person with parental responsibility for the child; or
- (c) the parent has sole parental responsibility to make decisions about major long-term issues for the child under a parenting order made under the Family Law Act 1975 (Cwlth) , part VII; or
- (d) the parent has obtained an order from the Childrens Court under section 44 , or from another Queensland court or a non-Queensland court, directing the registrar to accept the application; or
- (e) the parent has obtained a dispensation order.
- (a) circumstances stated in column 1 of the table in schedule 1 , part 1 apply to the person in relation to the child; and
- (b) the person is a person mentioned in column 2 of the table opposite those circumstances.
- (a) circumstances stated in column 1 of the table in schedule 1 , part 2 apply to the persons in relation to the child; and
- (b) the persons are persons mentioned in column 2 of the table opposite those circumstances.