If you were born in another country, and require proof of your gender in order to update your birth certificate, obtaining a “Declaration as to sex” may help you.
This process is only available until June 2023. After that, the government will need to develop a new process. We will update this page once they do that.
What is a declaration as to sex
This is a document that is issued by the NZ government. It is recognised by some overseas governments as proof of your current sex. The declaration may also be used as proof of sex in New Zealand.
How to get a declaration as to sex
To get a declaration of sex, you must apply through the Family Court. You do not need to be a New Zealand citizen or have a New Zealand birth certificate. Anyone with the right to live in New Zealand indefinitely is eligible to apply for a declaration as to sex.
The process of applying to the Family Court to get a declaration as to sex is almost exactly the same is if you were applying to have a New Zealand birth certificate amended. You can follow the steps in our NZ birth certificate guide, with a couple of key amendments.
Differences between NZ and overseas applications – forms
Where our guide suggests for the G5 form:
“This is an on notice application for a declaration that the sex marker on [applicant’s name] birth certificate be changed from [something] to [something else] under [s28/s29] of the Births, Deaths, Marriages and Relationship Registration Act 1995”
You could replace that wording with:
“This is an on notice application for a declaration as to sex for [your name] as a person of [your affirmed] sex under [s28/s29] of the Births, Deaths, Marriages and Relationships Registration Act 1995”
Where our guide suggests:
“My birth is registrable under the Births, Deaths, Marriages and Relationships Act 1995, as evidenced by my included birth certificate. The sex assigned on my birth certificate states [something], however, I have undertaken steps to medically transition, and request to change my sex marker to [something else] . My gender/sex is consistent and persistent, as evidenced by the included documents from expert medical professionals.”
You could replace that wording with:
“I am an eligible person as defined in section 27A of the Births, Deaths, Marriages and Relationships Registration Act, as evidenced by my included [document – eg. permanent residency visa]. The sex assigned on my birth certificate, which is included in my evidence, states [something], however, I have undertaken steps to medically transition, and request a declaration that my sex is [your affirmed sex] . My gender/sex is consistent and persistent, as evidenced by the included documents from expert medical professionals.”
Differences between NZ and overseas applications – affidavit
Where our guide suggests for the affidavit:
“This is an affidavit of [applicant’s name] to support an on notice application for a declaration that the sex marker on [applicant’s name] birth certificate be changed from __ to __ under [s28/s29] of the Births, Deaths, Marriages and Relationship Registration Act 1995”.
You could replace that wording with:
“This is an affidavit of [applicant’s name] to support an on notice application for a declaration of sex as [your affirmed sex] under s28/s29 of the Births, Deaths, Marriages and Relationship Registration Act 1995”
Providing evidence
As in our guide, you will need to prove that you have been assigned an incorrect sex. This means you will need to submit your birth certificate, along with the evidence suggested. See the guide for requirements regarding having copies of your evidence certified, and your affidavit witnessed. These are the same requirements as for changing a NZ birth certificate.
In addition to this, you will need to prove your eligibility under the Act, which means submitting proof that you have the right to live in New Zealand indefinitely – for example your visa.
Having your documents witnessed
There are options which include a Justice of the Peace, a lawyer, and some other kinds of officials.
Gender Minorities Aotearoa has a member of staff who is a Justice of the Peace, and can witness and certify your documents at our Wellington drop in, or by Zoom online (contact us to make a Zoom appointment).
GMA also runs the Wellington Transgender Legal Clinic in partnership with Community Law Wellington and Hutt Valley, so a free lawyer is available should you need to talk with one.
