Changing your gender marker

This page is about legally updating your gender marker on identity documents and in systems. You don’t need to have legally changed your gender to exist day-to-day as the gender you are, including using facilities like bathrooms, and requesting that people use your pronouns or other affirming language.

You have the right to update your gender marker on different forms of identity documents at many different organisations.

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

Currently in NSW, in order to update the gender marker on your birth certificate you are required to have had what the current legislation calls a sex affirmation procedure. This could include GRS or orchiectomy. Top surgery, breast implants and facial surgery are not counted under this definition.

A ‘change of sex’ application is made to the NSW Registry of Births Deaths and Marriages (BDM). 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 more information about updating your NSW birth certificate, go to this page. You can go directly to the ‘Change of Sex’ application form here.

For more information about updating your gender marker in other jurisdictions, check out these fact sheets from the Inner City Legal Centre.

In Australia, any government department that operates at a federal level is required by law to allow you to update your gender marker without having had surgical intervention. This legislation also requires these organisations to provide an additional ‘non-binary’ or ‘X’ option.

This includes forms of ID like passports, Medicare cards, Seniors Card, Citizenship certificate, Australian Convention Travel Document, and any tax related documentation.

In NSW, drivers, rider, heavy vehicles or maritime licences don’t display gender markers, however the gender marker registered with Transport for NSW can be updated by providing:

• your proof of identity

• one of the following:

  • birth certificate showing your updated gender marker

  • a ‘List 1 document’ showing your gender

  • a recognised details certificate issued by NSW Registry of Births, Deaths and Marriages (or equivalent Australian authority) stating your gender

  • a medical certificate (template here) confirming your gender from an Australian registered medical practitioner

  • a medical certificate confirming your gender from your surgeon/clinic

• a change of name document (if applicable)

• your licence card and registration papers (if applicable)

There is no fee for changing your gender marker with Service NSW, you will need to attend a Registry or Service NSW Centre to submit the above documentation.

You do not need to be over 18 to change the gender marker on your ID. However, if you are under 18, you will need at least parent or guardian to apply on your behalf to change the gender recorded on most forms of ID. Changing the gender on your birth certificate currently requires one affirmative surgical intervention as well as the consent of two parents or guardians, or a court order. 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.

Using your preferred gender at school, sporting clubs, and other groups should not require parental permission or any documentation from a medical professional.