Births, Deaths and Marriages Registration Act applications

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If a party wants to file an application seeking orders to change the sex or gender of a child on their Birth Certificate, they need to file:

an application (Form 1 Initiating Application) seeking an order that it is in the best interests of the child for their sex or gender to be changed on their birth registration
a supporting affidavit addressing the factors in the relevant sections of the Births, Deaths and Marriages Registration Act (Part 5A) and the Family Court (Sex or Gender Changes) Rules
evidence of any appropriate clinical treatment that the child has received in relation to the child’s sex or gender
a certified copy of the child’s birth certificate.

The actual form of the order sought depends on whether the child was born in Western Australia or overseas.

If the child was born in Western Australia, a party should seek the following orders:

There be a declaration that it is in the best interests of the child …………………… born ………………… that his/her/their sex or gender be changed to female / male / non-binary on his / her / their Western Australian birth registration pursuant to section 36L / 36M / 36N of the Birth, Deaths and Marriages Registration Act 1998.
The said change referred to in the preceding paragraph is hereby approved by the court.

If the child was born overseas, a party should seek the following orders:

There be a declaration that it is in the best interests of the child …………………… born ………………….. that an acknowledgement document issue that his / her / their sex or gender be changed to female / male / non-binary pursuant to section 36V / 36W / 36X of the Birth, Deaths and Marriages Registration Act 1998.
The issue of the acknowledgment document referred to in the preceding paragraph is hereby approved by the court.

The application should be emailed to the Court (family.court@justice.wa.gov.au) with “Births, Deaths and Marriages application” in the subject line.

The applicant will be advised of a Directions Hearing date in due course. At the hearing the Court will address any outstanding issues in relation to service and the evidence required for the final hearing. The application may also be listed for final hearing.

If a person wishes to respond to the application, they need to file:

a Form 1A Response; and
an affidavit addressing the factors in the Family Court (Sex or Gender Changes) Rules.

Any ancillary applications must be made using a Form 2 Application in a Case supported by an affidavit.

Sealed copies of all applications, including ancillary applications, responses and affidavits are to be served on all relevant parties by way of ordinary service.