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Suega v Registrar General of Births Deaths and Marriages [2021] NZFC 7886

Published 05 July 2022

Application for declaration of change of sex on birth certificate — transgender rights — female to male — medical treatment — Births, Deaths, Marriages, and Relationships Registration Act 1995, ss 23 & 28 — Michael v Registrar-General of Births, Deaths and Marriages [2008] 27 FRNZ 58. The applicant sought a declaration that the record on his birth certificate be amended from female to male. The steps required to obtain a declaration were set out in Michael v Registrar-General. The Judge was satisfied by the evidence presented that the applicant had lived and would continue to live as his nominated sex; that he had undergone medical treatment which accorded with a male gender identity; and that he would sustain his new identity. The Judge noted that full gender reassignment surgery was not required in order for an applicant to meet the test in s 28. The applicant counsel's submission was accepted and the Judge formally ordered the record on the applicant's birth certificate be changed from female to male. Judgment Date: 30 July 2021 * * * Note: names have been changed to comply with legal requirements. * * *