Eligibility - change record of sex for a child

Check to see if you are eligible to apply to change a record of sex for a child under 16.

If any of the documents are not provided to us with your application, you will receive a letter asking for more evidence of your eligibility. You must reply within 60 days or the application may be cancelled and not refunded.

Relationship to the child whose record of sex is being altered

I am the child

A child who is 12 (and under 16) may apply to the Childrens Court if their parent(s) or person(s) with parental responsibility do not support a change to their record of sex.

You need to provide:

• your proof of ID documents
• court order.

A person who is 16 (or older) may apply as an adult without approval of their parents or a court.

I’m their parent

All parents shown on the birth certificate must apply.

If a court has granted parental responsibility for the child to someone else, you cannot apply.

You need to provide:

• your proof of ID documents
• a death certificate if one of the parents shown on the child's birth certificate has passed away.

I have a parenting order

You must have a parenting order with responsibility to make decisions about major long-term issues for the child under the Family Law Act 1975 (Cth) part VII.

If this responsibility is shared, you must apply together unless one has passed away.

You need to provide:

• your proof of ID documents
• parenting order
• a death certificate if one of the persons named in the parenting order has passed away.

I’m their court ordered guardian

You must have a court order made under the Child Protection Act 1999 or similar law in another state or territory.

If there is more than one guardian named, you must apply together unless one has passed away.

With a child protection order, you need to provide:

• your proof of ID documents
• child protection order
  • short-term guardianship order
  • long-term guardianship order
  • permanent care order
  • an order made under a child welfare law of another state or territory
• a death certificate if one of the persons named in the protection order has passed away.

I’m their guardian under a will

You must have been appointed the child’s guardian under the will of their last surviving parent or person with parental responsibility.

If there is more than one guardian named, you must apply together unless one has passed away.

Appointed by a will, you need to provide:

• your proof of ID documents
• legal will appointing guardianship
• death certificates for each of the child's registered parents.

The other person who must apply does not agree

If everyone who needs to apply does not agree, you must get an order from the Childrens Court, directing us to accept the application.