Birth certificates

Birth certificates and all name changes are managed in NSW by the Registry of Births Deaths & Marriages (BDM).

If you were born in another Australian state, you will need to update the relevant details on your birth certificate with the relevant State or Territory Registry, a full list of which can be found here.

This page was developed in collaboration with Equality Australia and ICLC.

Gender markers

In NSW, you are currently only able to update the legal gender marker on your birth certificate if you have undergone a “sex affirmation procedure”.

This is defined in section 32A, of the BDM Registrations Act 1995 as a surgical procedure involving the alteration of a person’s reproductive organs carried out: a. for the purpose of assisting a person to be considered to be a member of the opposite sex; or b. to correct or eliminate ambiguities relating to the sex of the person.

This can typically include GRS or an orchiectomy. Breast implants, top surgery and facial surgery are not counted under this definition.

The BDM website states that you are eligible to update the gender marker listed on your birth certificate, or on a registered details certificate if:

• you are aged 18 years or older or are the parent/s or guardian of a child, and

• you have undergone a ‘sex affirmation procedure’

• your birth is registered in NSW, or

• your birth is not registered in Australia and you are an Australian citizen or permanent resident and have lived in NSW for at least one year.

You must lodge the following documents with your application:

• Two supporting declarations signed by two medical practitioners verifying the ‘sex affirmation' procedure’. These are included in the application form.

• At least three forms of your own identification.

For a full list of proof of identity documents, visit the BDM website. You are able to apply for a ‘change of sex’ in person at a Service NSW Centre or by post to the NSW Registry of Births, Deaths & Marriages. The ‘Change of Sex’ application form can be found here.

The fee for recording your new gender marker with the BDM, including a new certificate is $135.

Your new birth certificate will not disclose that you’ve updated a gender marker. It will state ‘previously registered in another name’ if you’ve legally updated your name. Access to an original birth record is restricted.

In countries that do not have legal gender recognition, BDM states that you need to disclose the change to that country. The Department of Foreign Affairs and Trade advise that, while it is possible to have an X marker on your passport, that not every country around the world will recognise that marker, and that there may be countries in which using your passport would be unsafe. For more details, visit the government’s Smart Traveller website.

Name (and change of name certificates)

A ‘change of name’ application is made to the NSW Registry of Births Deaths and Marriages (BDM). The BDM website states that, you are eligible to have your name changed if:

• you are not a restricted person, and

• your birth is registered in NSW, or

  • you were born overseas and have been a resident in NSW for three consecutive years immediately prior to your application, or

  • your birth is not registered in NSW and a protection order has been made to protect you and/or your children from domestic violence.

This application relates to changes to any part of a legal name.

You can choose to record your change of name on your birth certificate, or have it noted on a new ‘change of name certificate’ separate from your birth certificate.

You can change your name legally once in a 12 month period and only three times in a lifetime (though there are exceptions).

People under the age of 18 require two parents or guardians to make a joint application on your behalf. Justice Connect writes that “if your parents are separated, one parent cannot change a child’s name unless they have received consent from the other parent, or sole parental responsibility has been granted to that parent by a court.” If neither parent consents then it may be possible to change your name by court order.

For a full list of proof of identity documents, visit the BDM website. You are able to apply for a ‘change of name’ in person at a Service NSW Centre or by post to the NSW Registry of Births, Deaths & Marriages.

The fee for updating your name, including a certificate, is $195, though a partial fee waiver may be available with a letter of support from the Inner City Legal Centre. You can elect to receive an updated birth certificate or change of name certificate. Once completed, your new birth certificate or change of name certificate can be used to update every other institution such as banks, the Passport Office, Department of Immigration, Centrelink, the Australian Tax Office, Medicare, superannuation, etc.

If you get a new birth certificate, it will state ‘previously registered in another name’. Access to an original birth record is restricted.

Some names are prohibited if they’re deemed to be too long, rude, or include numbers or symbols. More information is available on the name change form.

Restricted persons

BDM NSW writes “the Births, Deaths and Marriages Registration Act 1995 (NSW) restricts certain classes of persons from changing their name without the permission of a supervising authority. It also restricts people from making a change of name on behalf of a restricted person.”

Restricted persons are:

• an inmate

• a person on remand

• a parolee

• a periodic detainee

• a person who is subject to a supervision order

• a forensic patient, or

• a correctional patient

If unsure of your status contact:

• Your parole officer

• LawAccess NSW on 1300 888 529 ( Monday to Friday 9am-5pm, excluding public holidays).

• Prisoners can call Prisoners Legal Service or LawAccess NSW on the Common Auto Dial List (CADL) as a free call - press 11# (Legal Aid) and 2# (LawAccess)

If you need further assistance, you can also contact the Inner City Legal Centre who offer a state-wide free legal service for trans and gender diverse people.