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  • Writer's pictureEd Sparks

New Laws Passed to Modernise Birth Certificates

The Government has passed new laws in the Qld Parliament to modernise birth certificates and better recognise the state's diverse population.


These laws ensure that a person's legal identity aligns with their lived identity and provide improved recognition for same-sex and gender-diverse parents.


One significant change brought about by the new legislation is the removal of the requirement for trans and gender-diverse individuals to undergo sexual reassignment surgery to formally register a change of sex. This move acknowledges the importance of self-identification and eliminates an unnecessary barrier for individuals seeking to update their birth certificates.

Additionally, the laws allow for a change of name to be made simultaneously with an alteration of sex, providing comprehensive support to trans and gender-diverse people during their transition.

For children under the age of 16, parents or guardians can now directly apply to the registry or go through the Children's Court, provided specific criteria are met. The legislation mandates that an assessment of the child by a developmentally informed practitioner, who has an established professional relationship with them, must occur before altering the child's record.

The new laws also prioritise the recognition of same-sex and gender-diverse parents. Both parents will have the option to be registered as either 'mother' or 'father' on their child's birth certificate, acknowledging the reality that a child may have more than one mother or father. Attorney-General Yvette D'Ath expressed her pride in passing these historic laws, emphasising that they provide legal recognition and alignment of identity for all Queenslanders.

"I want Queensland's rainbow community to know: your lives matter, your stories matter, and your struggles matter," said Ms D'Ath.

Spokesperson for Equality Australia and trans woman, Ymania Brown, praised the new laws highlighting the significance of this moment for trans and gender-diverse Queenslanders.


Brown emphasised that obtaining a birth certificate is not just a simple piece of paper for these individuals but the right to exist and be seen for who they truly are.

The passage of these laws aligns Queensland with most other jurisdictions. It showcases the Government's commitment to promoting equality, dignity, and respect for all individuals, regardless of gender identity or sexual orientation.

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