Births, Deaths and Marriages Registration Act applications

The Births, Deaths and Marriages Registration Act 1998 (WA) has been amended to implement a new process for the change of a person’s (including a child’s) sex or gender on their Western Australian birth certificate. The existing procedures that relate to the registration of sex on a birth certificate when a child is born in Western Australia have not changed. The Act has also been amended to implement a complementary process in relation to a person (including a child) born outside of Australia.

Applications to the Registrar of Births, Deaths and Marriages to change a child’s sex or gender in the registration of the child’s birth for children aged 12 years and over must be made by both parents or guardians, and must be accompanied by a statement from the child consenting to the change; and a statement by a doctor or psychologist certifying that the child understands the meaning and implications of the application. When making an application to the Registrar for a child, each parent or guardian must believe the child’s sex or gender to be the sex or gender specified in the application.

For cases where:

• both parents or guardians do not support the change in sex or gender, or
• where the child is applying, as none of the parents or guardians support the change in sex or gender, or
• the child is under 12 years of age,

then an application must first be made to the Family Court for an order that it is in the best interests of the child for their sex or gender to be changed, prior to making an application to the Registrar of Births, Deaths and Marriages.

Any application to the Family Court must be supported by evidence from a doctor or psychologist that the child has received appropriate clinical treatment in relation to the child’s sex or gender.

Once the Family Court has made the order, any application made to the Registrar of Births, Deaths and Marriages must be accompanied by a copy of the order.

Last updated: 3-Jun-2025

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