Marriage and Change of sex on Birth Certificate

[Rainbow Bay]

Hello lovely people.

I was just wondering if anyone here has officially changed their sex on a NSW birth certificate whilst being married. Does it automatically nullify the marriage or do you have to get divorced before you're allowed to change it? I've emailed BDM but they take up to 2 weeks to reply. If no one knows I'll let you know soon 

Bay xxx

[Lilian J]

I am pretty sure as all states have to keep the divorce requirements until federal marriage law is updated for gay marriage. Would love to be wrong though.

I suspect state politicians will say wait for marriage equality.

[Cindy]

At the moment you have to divorce. SA is debating a motion that gender at marriage and current gender should be seen as separate. If that comes in you could remain married and change your birt certificate. Otherwise we wait for the equality in marriage to be passed.

I'm not holding my breathe for either to be accepted unfortunately.

[Rainbow Bay]

Thanks Lovelies

I'll let you know what I hear back from BDM anyway. I was kind of hoping they would just automatically nullify it, purely to save paperwork I'm happy to not be married and later get married properly as a woman when the marriage law is no longer ridiculously discriminatory. xxx

[Lilian J]

This is actually advantageous as I recently enquired and there is apparently no way to update a marriage certificate.
Essentially it is a record of who you were who got married on what date and even if you change names or gender they don't update your marriage cert. I understand the reasoning but was still a little thrown by hearing it.

At least if you nullify or divorce then you get to remarry later as your authentic self.

[Serenation]

In vic atleast you can only send the application in if you are not married.

[Rainbow Bay]

Well they finally wrote back to me and it's not a particularly helpful reply:

"Good morning

Unfortunately this is not something BDM can answer, I would suggest you
seek Legal advice on this query or possibly investigate further on the
Family law web site

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/home

If you require further assistance, please contact us.

Kind regards,"

[Lilian J]

I remember one case where BDM in ACT registered a change of gender only to cancel it when their cross checks found a marriage cert filed in Victoria.

I suspect these will change reasonably quickly once Marriage Equality passes but should be ready to start hassling your states BDM and Attorney Generals office one the law changes as I doubt it will be automatic.

I am thinking of campaigning to change WA's gender recognition process perhaps to a standardization with other states along the way. Hoping to see Victorias solution first though.

[Cindy]

I remember one case where BDM in ACT registered a change of gender only to cancel it when their cross checks found a marriage cert filed in Victoria.

I suspect these will change reasonably quickly once Marriage Equality passes but should be ready to start hassling your states BDM and Attorney Generals office one the law changes as I doubt it will be automatic.

I am thinking of campaigning to change WA's gender recognition process perhaps to a standardization with other states along the way. Hoping to see Victorias solution first though.

And that is what we do. Campaign. Write to your MP, email them and let them know the facts. They don't know about us, we tell them until they are sick of hearing from us.

[Ella_bella]

I have some conflicting information that I discovered during my own research. On http://www.ftmaustralia.org/transition/legal-transition - I found a paragraph that says:

If you were legally married before transition, this marriage will remain valid unless either of you end the marriage with divorce.

Now of course not everything is true or accurate on the internet, but I found it encouraging.

[Cindy]

I think it varies from state to state. I know in SA I can't at the moment as I am married. I'm not sure but I think the ACT and Vic have changed things. Stupid laws I think:

If you were legally married before transition, this marriage will remain valid unless either of you end the marriage with divorce.

Is a great idea.

[Ms Grace]

My understanding of the NSW situation is that you can't change the "sex marker" on your birth certificate until after GRS and with a letter from the surgeon, etc. Unfortunately it's also my understanding that, at the moment, that will also technically annul any marriage.

[Cindy]

The differences in rules between the Staes is crazy.

In SA you don't need GRS, just a letter to say you have reassigned and then go to a magistrate court, your gender change is then a formality. But if you are married it isn't accepted. The dichotomy between the two situations is illogical.

So in SA if you have had surgery or not you can change your gender to your affirmed gender, male or female, if you are not married (with a support letter from your medic). A person in exactly the same circumstance who is married cannot.

So I am female if unmarried and male if married. The opinion begs the Federal Court to test the issue. Since the majority of the Australian High Court are either Queer or Queer friendly I wonder why the Federal Government has not asked their opinion?

It is so easy for equality in marriage to be changed by the Federal Government, yet we are spending $160mill plus on a plebiscite that is going to incite brutal and hateful argument.

I am so disappointed in Turnbull, I thought he was going to be the Hawke of the Liberals. A leader. Instead we have a person who just seems bored and out of his depth.

As some one else said in a different thread, once mine I removed I'll send them to him. He needs a set.

Sorry very non-admin comment!

[Ms Grace]

It is so easy for equality in marriage to be changed by the Federal Government, yet we are spending $160mill plus on a plebiscite that is going to incite brutal and hateful argument.

They have to get voted back in first...