QLDIn ForceAct
Births, Deaths and Marriages Registration Act 2023
sec.45Application to Childrens Court by child
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### sec.45 Application to Childrens Court by child
This section applies if—
the person is a child of at least 12 years but less than 16 years; and
each parent of the child or person with parental responsibility for the child does not support an alteration of the record of sex of the child.
The Childrens Court may, on application by the child, make an order directing the registrar to accept an application to alter the record of sex of the child in the relevant child register.
The application must include the following statements by the child—
that the child is aware that, unless the Childrens Court decides otherwise under section 46 (2) , a copy of the application must be served on the respondents;
that the child is aware the child may make submissions to the Childrens Court under section 46 (5) .
The application must be accompanied by an assessment of the child.
The following persons are respondents to the application—
each parent of the child;
each person with parental responsibility for the child.
The child must serve a copy of the application on each of the respondents.
The Childrens Court must make the order if the court is satisfied it is in the child’s best interests to make the order.
In deciding whether making the order is in the child’s best interests, the matters to which the Childrens Court may have regard include the following—
the assessment mentioned in subsection (4) ;
the views of the child, however expressed;
whether the child is sufficiently mature to understand the meaning and legal implications of the alteration of the record of sex of the child.
If the child makes an application to the Childrens Court under this section the child may apply to the court at the same time for approval of a proposed change of first name for the child.
The Childrens Court may make an order approving the proposed change of first name for the child if—
the name is not a prohibited name; and
the court is satisfied that the change is in the child’s best interests.
(sec.45-ssec.1) This section applies if— the person is a child of at least 12 years but less than 16 years; and each parent of the child or person with parental responsibility for the child does not support an alteration of the record of sex of the child.
(sec.45-ssec.2) The Childrens Court may, on application by the child, make an order directing the registrar to accept an application to alter the record of sex of the child in the relevant child register.
(sec.45-ssec.3) The application must include the following statements by the child— that the child is aware that, unless the Childrens Court decides otherwise under section 46 (2) , a copy of the application must be served on the respondents; that the child is aware the child may make submissions to the Childrens Court under section 46 (5) .
(sec.45-ssec.4) The application must be accompanied by an assessment of the child.
(sec.45-ssec.5) The following persons are respondents to the application— each parent of the child; each person with parental responsibility for the child.
(sec.45-ssec.6) The child must serve a copy of the application on each of the respondents.
(sec.45-ssec.7) The Childrens Court must make the order if the court is satisfied it is in the child’s best interests to make the order.
(sec.45-ssec.8) In deciding whether making the order is in the child’s best interests, the matters to which the Childrens Court may have regard include the following— the assessment mentioned in subsection (4) ; the views of the child, however expressed; whether the child is sufficiently mature to understand the meaning and legal implications of the alteration of the record of sex of the child.
(sec.45-ssec.9) If the child makes an application to the Childrens Court under this section the child may apply to the court at the same time for approval of a proposed change of first name for the child.
(sec.45-ssec.10) The Childrens Court may make an order approving the proposed change of first name for the child if— the name is not a prohibited name; and the court is satisfied that the change is in the child’s best interests.
- (a) the person is a child of at least 12 years but less than 16 years; and
- (b) each parent of the child or person with parental responsibility for the child does not support an alteration of the record of sex of the child.
- (a) that the child is aware that, unless the Childrens Court decides otherwise under section 46 (2) , a copy of the application must be served on the respondents;
- (b) that the child is aware the child may make submissions to the Childrens Court under section 46 (5) .
- (a) each parent of the child;
- (b) each person with parental responsibility for the child.
- (a) the assessment mentioned in subsection (4) ;
- (b) the views of the child, however expressed;
- (c) whether the child is sufficiently mature to understand the meaning and legal implications of the alteration of the record of sex of the child.
- (a) the name is not a prohibited name; and
- (b) the court is satisfied that the change is in the child’s best interests.