We all have the right to legal recognition. Being able to have official documents reflect who a person knows themself to be is a powerful statement that we as a society, as a nation and legal system, accept them for who they are.
This page shares information about the government’s work to change the process for someone to amend the sex recorded on their birth certificate. We’ve also compiled some background about this kaupapa and resources for people affected.
New process to simplify the process of updating birth certificates
The Births, Deaths, Marriages and Relationships Registration Bill passed in December 2021. This law made it simpler for trans and intersex New Zealanders to update the sex recorded on their birth certificate by making a statutory declaration about their identity, instead of requiring a court decision and medical evidence. It also introduced the option of recording “non-binary” as a sex marker.
Information about the new process to change the registered sex on your birth certificate is available from the government.
Identity documents for people born overseas
The new law does not enable people born outside of New Zealand to access accurate identity documents, and the government has deferred work to address this.
Rainbow Path has written about their disappointment with this decision, after earlier sharing their concerns and hopes for the BDMRR Act. You can also read Rainbow Path’s full submission on the self-identification regulations and registering gender for people born overseas.
The government has information about recording gender on citizenship records and official ID which provides options for some people.
About the 2021 law change
In 2021, the government undertook a public Inquiry into Supplementary Order Paper (SOP) 59 on the Births, Deaths, Marriages and Relationships Registration Bill. The media release about the SOP Inquiry explains more about the intentions behind the inquiry. The Department of Internal Affairs has more background to the law change, including fact sheets in a range of languages.
The SOP was reviewed by the Governance and Administration Committee, who received written and oral submissions (which were summarised in this report from the Department of Internal Affairs). (Note: take care if you watch the oral submissions, presentations can be upsetting (for example, extremely negative views about trans and intersex people, and discussion of suicidality and discrimination)).
The Committee reported their recommendations for the Bill back to Parliament, before it passed unanimously at its third reading.
MP Elizabeth Kerekere’s speech at the Third Reading shares some of the whakapapa behind this law change, including the To Be Who I Am report of the Transgender Inquiry, Allyson Hamblett’s petition for self-identification provisions, IDAHOBIT Coalition submissions on this issue, the Human Rights Commission’s PRISM report, and the leadership and advocacy of Gender Minorities Aotearoa, Rainbow Path and others on this kaupapa.
Our submission
We made a submission on the Inquiry into Supplementary Order Paper 59 on the Births, Deaths, Marriages and Relationships Registration Bill. We asked the Committee to:
reduce barriers for young people to change their sex marker
create options for people born outside Aotearoa to obtain gender-congruent documents
consult further with trans, intersex and rainbow communities on implementation
update the Bill to use more gender-neutral language
We also presented an oral submission - it starts at about 44:00 in this video.
A few other perspectives on the proposed law change include: Rainbow Path (full written submission), Gender Minorities Aotearoa, ITANZ, Counting Ourselves and PATHA, Identify Survey, Rainbow Support Collective, Maori Women's Welfare League.
Support for people affected by these changes
If you’re looking for help for yourself or someone you’re working with, or just want someone to talk to about how the law change processes are affecting you, these are places where you can find direct support:
Change the registered sex on your birth certificate - government information about the official process.
Gender Minorities Aotearoa provides peer support and advice to trans people across Aotearoa, and has a comprehensive guide on the process to update your birth certificate (as well as other identity documents).
RainbowYOUTH’s Naming NZ helps queer, gender diverse, takatāpui and intersex young people with updating their identity documents to correctly reflect their identity, and has guides for updating your birth certificate and other identity documents.
ITANZ is the key intersex organisation in Aotearoa. They provide information, education and training for organisations and professionals who provide services to intersex people and their families.
OutLine provides rainbow-affirming specialist counselling (you can self-refer online) as well as a free nationwide peer support service (free call 0800 OUTLINE (0800 688 5463) or visit their website for online chat support, between 6pm and 9pm any evening, to talk to a trained volunteer)
Other rainbow community organisations can also provide support and advice.