Frequently asked questions
- Self-identification, including children and young people categories
- Overseas born people
- The implications of self-identification for service providers
What is “self-identification”?
A self-identification process for amending the sex on a birth certificate is a simple administrative process that requires a statutory declaration. It is based on how a person identifies, rather than eligibility criteria such as medical treatment.
Why are sex markers being changed when the issue is about gender?
Making it easier to change the sex markers on birth certificates helps takatāpui, transgender, non-binary, and intersex New Zealanders have an identity document that aligns with who they are.The presentation of both sex and gender fields could show a person has amended their birth certificate and lead to them experiencing discrimination.
When will gender self-identification come into effect?
The self-identification process will replace the Family Court process by mid-2023.
What happens if I’ve already amended the sex on my birth certificate and would like to amend it again via self-identification?
People who have already amended the sex on their birth certificate can apply again under the self-identification processThere are no restrictions on applying to use the self-identification process even if a person has previously amended their birth certificate (whether through self-identification or another process).
How much does it cost to amend a birth certificate via self-identification?
Changes to a birth certificate cost between $33-$55. Courier or overseas delivery costs are additional. $55 and a further $33 - $35 for a new birth certificate. A name change costs $170.
Can children and young people have access to the self-identification process?
Children and young people have access to the self-identification process with some support from guardians and/or suitably qualified third parties.
16- and 17-year-olds need either the consent of their guardians or support from a suitably qualified third party. Guardians can apply on behalf of children under 16, with the child’s consent, and also require support from a suitably qualified third party.
What has been done to ensure that children and young people are not disadvantaged by unsupportive parents or guardians?
Where 16- and 17-year olds have unsupportive guardians, they have the option of using a third party. The intention is to have an accessible pool of third parties, so the requirements will not be overly restrictive.
The risk of children not being able to access the process due to unsupportive guardians has been balanced against recognising a guardian’s responsibilities to help their child make important decisions.
Why are the requirements different for children and young people?
The requirements for 16 and 17 year olds reflect that they have greater competency than children, but are not yet legal adults and could still make or be pressured into a decision they regret later.
The requirements for children recognise a guardian’s responsibility to help their child make important decisions. While some children have the capacity to make decisions on their own, not all children do. This is demonstrated in healthcare settings where a child’s competency is determined by a case by case assessment. Replicating this assessment in an administrative process is not possible.
Who can be a third party?
To be a third party, a person must either be a registered member of certain professions (doctor, nurse or nurse practitioner, psychologist, psychotherapist, social worker, or counsellor) OR have known the child or young person for over 12 months, to indicate they have a sufficiently enduring relationship. A third party must also be over the age of 18.
You can find more information about third parties here.
Where can I go to find more information and apply for the process?
You can find more information about the self-identification process and how to apply here.
Do people born overseas have access to the process to amend their registered sex in New Zealand?
The new legislation does not include a process for overseas born people to register their gender. The self-identification provisions updated the way people born in New Zealand amend the sex recorded on their birth certificate. People born overseas do not have a New Zealand birth certificate and the Department of Internal Affairs cannot alter a birth certificate issued overseas.
Can people born overseas still go to the Family Court?
Under the 1995 legislation, anyone seeking to amend the registered sex on their birth certificate had to go to the Family Court for a Declaration as to Sex. People born in New Zealand used the Family Court’s Declaration to apply to the Registrar-General of Births, Deaths and Marriages to amend the sex recorded on their birth certificate.
The new self-identification process has replaced the Family Court process, which no longer exists. People born overseas can no longer apply for a Declaration as to Sex from the Family Court. However, applications received by the Family Court before the changes came into effect on 15 June 2023 will continue to be processed.
Questions about the implications of self-identification for service providers
What does the new law say about how service providers should consider birth certificates as evidence of sex or gender?
The new legislation clarifies how birth certificates can be used as evidence of sex or gender. Where service providers need to determine someone’s sex or gender, other factors can be considered over and above the registered sex listed on a birth certificate. This reflects the fact that birth certificates are not intended to be considered evidence of a person’s identity (usually birth certificates are provided with other documents such as a driver licence or passports to prove identity).
What does self-identification mean for single sex spaces and activities such as changing rooms and sports teams?
The self-identification process should not affect how access to single sex spaces or sports is determined. Birth certificates are not usually used to determine a person’s right to access single sex services or spaces.
Organisations and individuals can continue to rely on their own policies rather than birth certificates. For example, it is still up to individual governing bodies to determine how sex and gender are determined in sport. It is also still up to individual schools to discuss with learners, parents, caregivers and whānau what name and gender learners use, regardless of the details on their birth certificates.
How will self-identification affect the placement of people in prison?
The self-identification process should not affect the placement of people in prison. Corrections is exploring a policy change to ensure birth certificates are not an overriding consideration in placement decisions. Any changes will come into force alongside the self-identification process.
