Published 28 March 2019
On notice application seeking declaration — change of sex on birth certificate — Births, Deaths, Marriages and Relationships Registration Act 1995, ss 28 & 29. The applicant sought a declaration that it was appropriate that her birth certificate be modified to identify her gender as female. The applicant gave evidence that she was not a person of the sex that she had nominated to appear on her birth certificate; that she had assumed the identity of a female; had felt as though she was a female for her entire life; had a preference for female dress from a young age; and that she presented as a female to the public. The court also had statements from people known to the applicant who indicated that the applicant had told them that she identified as a female and that she had assumed a female identity in all aspects of her life. The court further noted the applicant had been diagnosed with Gender Dysphoria and that she had undertaken hormone treatment. The court also noted the applicant's desire to undergo gender reassignment surgery in the future. The court was satisfied that the applicant would maintain a gender identity of the nominated sex and that she had accordingly provided sufficient evidence to satisfy the legal test. The declaration was made accordingly. Judgment Date: 12 September 2017. * * * Note: Names have been changed to comply with legal requirements * * *
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