BIRTHS, DEATHS & MARRIAGES
CBS Updates
23 May 2017

From 23 May 2017, new requirements for registering a change of sex or gender identity come into effect.

These changes mean that:

  • You can apply if your birth is registered in South Australia or overseas and you have undergone a clinical treatment provided by either an Australian registered medical practitioner or psychologist.
  • The options for sex or gender identities you can seek to have registered are ‘male’, ‘female’, ‘non-binary’ and ‘indeterminate/intersex/unspecified’. For parents whose newborn is of an indeterminate sex, this also means they will no longer have to choose ‘male’ or ‘female’ on their child’s birth certificate.
  • Clinical treatment need not involve invasive medical treatment. If you have clinical treatment made up of counselling only, you must have at least three separate counselling sessions totalling 135 minutes or the sessions must have occurred over a period of at least six months.
  • You can change your sex or gender identity once in a 12 month period and three times in your lifetime – exceptions may apply in extenuating circumstance.

How these changes apply to:

  • People aged over 18 – you will no longer need to apply to the court to change your sex or gender identity.
  • People born interstate – you will need to apply to the Australian state or territory where your birth is registered.
  • People born overseas – before you can apply to change your sex or gender identity, you will need to have resided in South Australia for at least 12 consecutive months. You will be issued with an ‘Identity Acknowledgement Certificate’ if your application is approved.
  • Children younger than 18 years of age – the child or a parent/guardian can apply. Your application must be approved by the South Australian Civil and Administrative Tribunal (SACAT). You must lodge your application with Births, Deaths and Marriages complete with supporting documentation and a signed medical practitioner or psychologist declaration prior to applying to the South Australian Civil and Administrative Tribunal (SACAT) for an order. Once your application form has been checked by Births, Deaths and Marriages and returned to you, it should then be presented to the South Australian Civil and Administrative Tribunal (SACAT) at the time of applying for an order.

For information about what identification is required to prove your identity and residency or for more information if you have already changed your sex or gender identity interstate, please refer to the application form.

Find out more at sa.gov.au/bdm or by contacting 131 882.