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BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 30B Application to alter record of sex in child's birth registration

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 30B

Application to alter record of sex in child's birth registration

    (1)     Subject to section 30BA, the parents of a child may apply to the Registrar for the record of the child's sex in the child's birth registration to be altered if—

        (a)     the child's birth is registered in Victoria; and

        (b)     the child consents to the alteration of the record of the child's sex to the sex descriptor nominated in the application; and

        (c)     the parents believe on reasonable grounds that the alteration of the record of the child's sex is in the best interests of the child; and

        (d)     the record of the child's sex has not been altered within the 12 months preceding the date of making the application.

    (2)     The applicants must nominate a sex descriptor in the application.

    (3)     The application must—

        (a)     be in the form approved by the Registrar; and

        (b)     include a statutory declaration made by each of the applicants addressing the requirements of subsection (1); and

        (c)     be accompanied by—

              (i)     a supporting statement in accordance with subsection (4), unless the Court has made an order under section 30BB(3); and

              (ii)     the prescribed fee (if any); and

              (iii)     any other documents or information reasonably required by the Registrar.

    (4)     A supporting statement must—

        (a)     be in the form approved by the Registrar; and

        (b)     be made by a relevant person; and

        (c)     state that the relevant person is of the opinion that—

              (i)     the alteration of the record of the child's sex is in the best interests of the child; and

              (ii)     if the child is under 16 years of age, the child has capacity to consent to the alteration of the record of the child's sex.

    (5)     In this section, "relevant person" means—

        (a)     a doctor; or

        (b)     a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or

        (c)     a person who is a member of a prescribed class of persons.

S. 30BA inserted by No. 25/2019 s. 8.