Trans Victorians May Soon Be Able to Change Their Birth Certificates Without Surgery

Legislation to be introduced into Victorian Parliament today could make it much simpler for gender non-binary people to change the gender on their birth certificates. Right now, if a trans person wants a new birth certificate, which reflects their gender identity, they are required to first undergo invasive sex reassignment surgery.

If the Births, Deaths and Marriages Registration Amendment Bill 2016 passes through Parliament, it will also end the practice of "forced trans divorce," where transgender people changing their gender identity must divorce their partner rather than creating an illegal same-sex marriage.

According to the proposed legislation, Victorians wishing to change their birth certificates will be able to register their gender as male, female, or as gender non-binary. Transgender children over the age of 16 will be able to change their birth certificates, too: with their child's consent, parents can apply for the change. Currently, you must be over 18 years of age.

Changing your gender identity on an Australian birth certificate is a tricky business. While in 2013 the federal government changed its Guidelines on the Recognition of Sex and Gender to state that sex reassignment surgery and hormone therapy are not pre-requisites for the recognition of a change of gender in Australian Government records, birth certificates are the legal responsibility of state governments—which means they don't have to follow the federal guidelines.

The introduction of the Victorian bill follows through on a 2014 election promise made by the Victorian Labor government, led by Premier Daniel Andrews. In the party's official platform, they promised to "remove barriers to new birth certificates for transgender and inter-sex Victorians and address the discriminatory automatic divorce consequence for transgender Victorians."

In a statement this morning, Attorney-General Martin Pakula explained how the proposed changes would make life much easier for trans people.

"Nobody should be forced to undergo major surgery or choose between maintaining a legal relationship with their spouse just to get a birth certificate that reflects who they are," he said.

"We've also put strong measures in place to safeguard the interests of children, and limits to ensure people don't misuse the system."

Minister for Equality Martin Foley also expressed his support of the bill, explaining that it "removed another barrier for trans, gender diverse and inter-sex Victorians."

"This shows once again that in Victoria, equality is not negotiable," he said.

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