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Howe v Registrar General of Births Deaths and Marriages [2021] NZFC 1745

Published 27 August 2021

Application for declaration of change of sex on birth certificate — transgender rights — male to female — name change — Births, Deaths, Marriages and Relationships Registration Act 1995, s 28 — Langley v Registrar-General of Births, Deaths and Marriages [2020] NZFC 3355. The applicant, now aged in her 60s, sought a declaration as to the sex on her birth certificate. She had been born a male but had experienced gender dysphoria and had felt that she was actually a woman since the age of 17. Later in life she decided to transition, feeling that society's perception of transgender people had changed since she was young. She had come out to her friends and family, who were supportive. She had undergone hormone treatment and planned to undertake facial feminisation and gender reassignment surgery. The Judge considered the criteria under s 28 of the Births, Deaths, Marriages and Relationships Registration Act and the medical evidence from two doctors filed by the applicant, and concluded that the criteria was met. The Judge issued a declaration that the applicant's birth certificate be changed to reflect her sex marker as that of female. The Judge also formally changed the applicant's preferred name on the birth certificate. Judgment Date: 24 February 2021. * * * Note: names have been changed to comply with legal requirements. * * *