Bill on birth certificate gender change unanimously passes

December 9, 2021
The Beehive, New Zealand's Parliament.

A law change that will make changing a person's gender on their birth certificate "mana enhancing, affordable and accessible", rather than going through health professionals and the family court process, has passed unanimously in Parliament.

Green Party's Elizabeth Kerekere said it was with "great pleasure that after generations of systemic discrimination, decades of community activism and many years of work in the House that we are passing this amendment".

She said that, "trans, intersex and non-binary, takatāpui people with diverse genders and sex characteristics should be able to identify their own gender on their birth certificates, in a way that is mana enhancing, affordable and accessible".

"This bill upholds the mana, the wairua, the mauri of our takatāpui, trans, intersex and non-binary whānau.

"All people in this country should have documents of identity who reflect who they are."

Kerekere said the passing of the Births, Deaths, Marriages, and Relationships Registration Bill would move from an invasive and demeaning family court process to a statutory declaration process, which would free up court and health professionals' time.

The law change will come into force at least 18 months after it receives sign off from the Governor General (Royal assent), which usually happens in the days after a third reading passes.

Internal Affairs Minister Jan Tinetti said it was a proud day for Parliament.

"It's been a tough journey for our trans and non-binary community. There have been real people who have been hurt when they have been belittled mocked or discriminated against.

"Trans-misogyny is still misogyny.

"While this enacts a small change in legislation, it is a big change for many in our community.

"Today is a day about inclusion. Having the right to have a birth certificate that reflects who you know yourself to be."

The change came after a petition calling for self-identification process for amending registered sex without the requirement for medical treatment and without the need for a court process.

Tinetti said they still did not have a solution for people born overseas living in New Zealand who want to change their birth certificate.

"We need to continue work in this area."

That, and work on who is a suitable third party to support 16 and 17-year-olds in their decision to change their gender and the additional requirements for if a person applies to change their gender more than once to prevent fraud, will begin in 2022.

National's Harete Hipango spoke on the bill, saying it was about giving "them a sense of rangimārie", adding it was about the importance "of who we are as people within a nation and within a community".

"I look at this bill as one of whakapapa and whakawhanaungatanga – that of identity, connectivity and relationships."

SHARE ME

More Stories