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News > World

Plan to Allow Legal Changes of Gender in Australia

  • Victorian Premier at a Rainbow Labor Victoria Campaign Launch, May 20 2016

    Victorian Premier at a Rainbow Labor Victoria Campaign Launch, May 20 2016 | Photo: Rainbow Labor Vic - Twitter

Published 19 August 2016
Opinion

Applicants wishing to legally change their gender designation will no longer be forced to go through gender reassignment surgery or a divorce. 

New legislation introduced in the state of Victoria, Australia on Thursday will remove the obstacles for those wishing to change their legal gender on their birth certificate and in the process, will also allow a small number of legal same-sex marriages.

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The Victorian Labor government led by Premier Daniel Andrews introduced the bill as one his party’s 2014 election promises. The legislation will remove previous requirement of gender reassignment surgery for a person to be able to change gender on their birth certificate.

Under the introduced legislation, couples already in a hetrosexual marriage will not be required to go through a divorce if a partner wishes to legally change their gender recorded on the birth certificate.

For partners already in a marriage wishing to change their gender, they would become the country’s first legal same-sex marriages.

Victorians over the age of 18 wishing to legally change gender can nominate their gender as male, female, or state a gender diverse or non-binary descriptor on their birth certificate. They will also need a supporting document from a person who has known them for more than one year.

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Children’s gender status can be changed with their consent by their parents along with a supporting medical statement.

Going through gender reassignment surgery or a divorce can be an expensive, lengthy and stressful process for a person desiring a legal change to their gender. The changes will make simple things easier and save a lot of embarrassment for trans people in the future.

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“Nobody should be forced to undergo major surgery or choose between maintaining a legal relationship with their spouse just to get a birth certificate that reflects who they are,” said Victorian Attorney General Martin Pakula. The new legislation will still have to pass the Victorian parliament.

Premier Daniel Andrews, since coming to office in December 2014, has taken a progressive stance on a number of issues including becoming the first state to legalize medical marijuana. Andrews said on his official twitter account that “every step towards equality counts.”

Marriage equality has increasingly been a topic of discussion in Australia, with many such as the Labor party and the Greens Party calling for federal law changes through the parliament, whilst the ruling Coalition considering a referendum on the issue.

The Australian Capital Territory, ACT, introduced similar gender changing reforms in 2014.

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