LGBTIQA+ Changing Gender

Are there laws about legally changing your gender in WA?

Yes. The Births, Deaths and Marriages Registration Act 1998 (WA) sets out how you can legally change your gender in WA. Legally changing your gender means:

• you will be officially recognised as your identified gender in all matters in Western Australia,
• you will be protected against discrimination on the basis of your gender history under state (WA) discrimination law, and
• you can ask the Registrar of Births, Deaths and Marriages for a Birth Certificate recognising your identified gender.

Eligibility to apply if you are an adult

If you are 18 or older, you can apply directly to the Registrar of Births, Deaths and Marriages. You can apply if:

• your birth has been registered in WA
• you believe that your sex or gender is the sex or gender mentioned in the application
• you have not registered a change of sex or gender in the previous 12 months or more than twice as an adult, and
• you have obtained the approval of your supervisory authority if you are a restricted person (see below for ‘Who is a restricted person’).

The application must:

• be in the approved form – see Application for a change of registration of sex or gender for an adult (18 years or older) born in Western Australia
• specify one of the following sexes or genders: female; male; non-binary, and 
• include a statement by a doctor or psychologist certifying that you have received appropriate clinical treatment in relation to your sex or gender.

Eligibility to apply if you are between 12 and 17 years old

If you are aged 12 to 17, your parents or guardians can apply to the Registrar of Births, Deaths and Marriages to change your sex or gender in your registration of birth. Both your parents must agree to this change, unless the parent who is applying for you is the only parent named in the birth registration or the other parent is dead. If one parent does not agree, your other parent can ask the Family Court for an order approving the change. If both your parents or guardians do not agree, you can apply to the Family Court for this type of order. See below under ‘What to do if you need to apply to the Family Court’.

Your parents or guardians can apply for you if:

• you are 12 to 17 years old
• your birth was registered in WA
• you agree to the change of sex or gender
• your parents or guardians believe that your sex or gender is the sex or gender mentioned in the application
• your sex or gender has not been changed within the last 12 months, and
• you have obtained the approval of your supervisory authority if you are a restricted person (see below for ‘Who is a restricted person’).

The application must:

• be in the approved form – see Application for a change of registration of sex or gender for a child (12 to 17 years) born in Western Australia
• specify one of the following sexes or genders: female; male; non-binary
• include a statement by a doctor or psychologist certifying that you have received appropriate clinical treatment in relation to your sex or gender, and that you understand the meaning and implications of the application, and
• include a statement by you that you are agreeing to the change.

Eligibility to apply if you are under 12 years old

If you are younger than 12, you cannot apply directly to the Registrar to change your sex or gender on your registration of birth. Instead, your application must go to the Family Court first. See below under ‘What to do if you need to apply to the Family Court’.

Once you have obtained an order from the Family Court approving the change of your sex or gender, you can apply to the Registrar to change your sex or gender.

Your application must be in the approved form (Application for a change of registration of a sex or gender for a child (under 12 years) born in Western Australia) and you must include a copy of the Family Court order.

What is 'appropriate clinical treatment'?

The term ‘appropriate clinical treatment’ is not defined in the law. What clinical treatment is appropriate depends on your individual needs and circumstances. This will be decided in confidence between you and your doctor or psychologist. You do not need to give details about your treatment in your application.

There are no minimum requirements for the treatment. This means that if your doctor or psychologist is of the opinion that you do not need any treatment, they can be satisfied that you have received the treatment appropriate for you.

For more information and sample psychologist/doctor statements in support of change of sex or gender, see under ‘Appropriate clinical treatment’ on the webpage Change of sex or gender on the WA government website.

Who is a ‘restricted person’?

The following are ‘restricted persons’:

• high risk serious offenders
• detainees
• persons subject to an early release order
• prisoners
• supervised offenders
• supervised young offenders.

If you are a restricted person, you must get the approval of your supervisory authority before you submit your application.

What information needs to be given with an application to the Registrar? 

To apply for a change of registration of your sex or gender, you will need to pay the application fee (currently $190) and provide the following documents to the Registry:

• a completed application form (available from the Registry’s website)
• a statement from a doctor or psychologist certifying that you have received appropriate clinical treatment regarding your sex or gender (and, if you are 12 to 17 years old, that you understand the meaning and implications of the application),
• your birth certificate
• copies of all current and previous changes of sex or gender
• at least three forms of identification (see under ‘Identification that you need’ on the Change of sex or gender webpage of the WA government for more details) – if your forms of identification do not include photo ID, you have to also include two (2) passport photos signed by a guarantor (note: parents or guardians applying for their children do not need to provide photo ID, but a photo ID for the child must be provided), and
• if you are a restricted person, authorisation from your supervisory authority.

Where do I apply?

You need to apply by post or in person at the Registry Office in Perth.

• In person: Registry of Births, Deaths and Marriages, Level 10, 141 St Georges Terrace, Perth WA 6000
• By post: Registry of Births, Deaths and Marriages, PO Box 7720, Cloisters Square, Perth WA 6850

I was born overseas. Can I still apply?

Yes. If you were born overseas, you can apply for a document which acknowledges your sex or gender, called an ‘acknowledgment document’. For children aged 12 to 17 and adults born overseas, you must have lived in WA for the 12 consecutive months immediately before making the application and meet all other requirements that apply to applicants born in WA (see above for the relevant criteria). You must provide evidence that you have lived in WA for at least 12 consecutive months. The application form for adults can be found here and the application form for children aged 12 to 17 is available here.

For children aged under 12 and born overseas, applications must be submitted with a Family Court order. The application form is available here.

For more information on acknowledgment documents, see ‘Applicants born Overseas’ on the Change of sex or gender webpage on the WA government website.

I was born interstate. How can I apply?

If you were born in a different state, you cannot apply to the WA Registry of Births, Deaths and Marriages. You must check with the Registry of Births, Deaths and Marriages office in the state or territory you were born in for how to register a change of your sex or gender. See the Births, Deaths and Marriages Registry Offices webpage provided by the WA government for a list of such offices.

What if the Registrar rejects my application?

Depending on why your application was refused, you may be able to apply again with more information or after making sure you satisfy all the requirements. Alternatively, you may also be able to apply to the State Administrative Tribunal (SAT) for a review of the decision. You must do this within 28 days of the Registrar’s decision. You can apply to the SAT in person or online using the eCourts Portal of Western Australia: https://ecourts.justice.wa.gov.au/eCourtsPortal. You should get legal advice as soon as possible if your application is refused.

What to do if you need to apply to the Family Court

If you or your parent or guardian want to apply to the Family Court asking for orders to change your sex or gender on your birth certificate, you need to file:

• a Form 1 Initiating Application asking for an order allowing your sex or gender to be changed on your registration of birth
• a supporting affidavit explaining how changing your sex or gender on your registration of birth is in your best interests
• evidence of any appropriate clinical treatment you have received about your sex or gender, and
• a certified copy of your birth certificate.

For more information, see the Births, Deaths and Marriages Registration Act applications webpage on the Family Court of Western Australia website.

Useful documents

 LGBTIQA+ Changing Gender Factsheet (updated version coming soon)

• Reforms to Sex or Gender Recognition in WA: Application for Adults to Update their Sex or Gender in their Registration of Birth – Factsheet published by the WA government
• Reforms to Sex or Gender Recognition in WA: Applying to Update Sex or Gender in the Registration of Birth for a Child (Aged 12 to 17 Years) – Factsheet published by the WA government
• Reforms to Sex or Gender Recognition in WA: Information for Doctors and Psychologists about the Process for Adults to Update their Sex or Gender in their Birth Registration – Factsheet published by the WA government
• Reforms to Sex or Gender Recognition in WA: Information for Doctors and Psychologists about the Process for Children (12 to 17 years) to Update their Sex or Gender in their Birth Registration – Factsheet published by the WA government
• Doctor or Psychologist Statement in Support of Change of Sex or Gender (Adult) – Sample template published by the WA government
• Doctor or Psychologist Statement in Support of Change of Sex or Gender (Child aged 12 to 17) – Sample template published by the WA government

More information

• Contact the Registry by phone on 1300 305 021, or via email at bdm@justice.wa.gov.au, or in person at Level 10, 141 St Georges Terrace, Perth WA 6000.
• Change of sex or gender webpage on the WA government website
• Births, Deaths and Marriages Registration Act applications webpage on the Family Court of WA website

Reviewed:  13 June 2025