Removing Sex from Birth Certificates for Gender Diversity

In 2018, Tasmania's lawmakers contemplated taking gender off birth certificates. It would be the first region in Australia to accomplish such a feat if achieved. It would still state the facts about the newborn's sex in the record of births as well as in the hospital records to collect sex data for statistical purposes. However, the proposed law would not display this on the child's birth certificate. The argument in the proposal is that transgender, gender-diverse, and intersex persons, all of whom disagree with the sex they are born with, are regularly put in danger of having to "come out" whenever their birth certificate is reproduced, which is rather disturbing. All these may cause comfort issues, invasion of privacy, and even stigma.

Sex and gender are terms that are commonly misconceived as synonymous.

The notion of sex is within the confines of biology. It is exclusively derived from human structural appearance and features such as genitalia and other reproductive organs, chromosomes, hormones, etc. These attributes usually do not adhere to the 'norms' of male or female categorisation. Estimated to range from 0.05% to about 1.7%, intersex individuals constitute a small segment of the population. Conversely, gender is a construct that relates to how a person chooses to make or represent themselves. There is no necessity for a multifaceted identity of gender to exist in only male or female terms, and it is also independent of one's birth sex.

Gender markers on birth certificates other than the traditional male or female definition have been incorporated already by many of the Australian states and territories. In the case of South Australia, the ACT, NSW, and Northern Territory, for filing the sexual identification of an individual on their birth certificate, had provided individual gender-neutral options such as Non-Binary, Indeterminate, Intersex, Other, and Unknown. Queen's Land announced in April that it would seek to consider introducing similar laws.

It is worth noting that in several countries, including New Zealand, India, Germany, Bangladesh, and most recently, New York City, persons may also be assigned gender-neutral and non-binary designations in their birth certificates. The Tasmanian proposal in these discussions goes one step further. Although introducing a gender-neutral clause in the birth certificates would be of benefit to Australian Non-Binary and Intersex people, there appears to be an emerging consensus to abolish sex classifications on birth certificates.

Why not delete the mention of sex on people's birth certificates entirely if it is not necessary for their policies?

There's simply no point in putting gender on birth certificates since it only serves to make existence bearable for the transgender and intersex communities. Even when one is aware of what gender one wishes to go by, problems may arise the first time a person must present an identification document. Presented is a common situation when an individual has to enroll for classes in a school or university or maybe when applying for a passport. Such problems may expose such individuals to a lot of discrimination that the gender change may cause. A birth certificate, for example, serves as an identification document; one of its purposes is to collect "points" that may be useful in applying for a credit card and even looking for a job.

If birth certificates were offered without that option, such a practice would become unnecessary. That is, the requirement at birth that parents of intersex children choose and legally enter the sex of the child into the public record would not be necessary. It can be a very distressing and challenging decision for the mother and father. However, it cannot always be guaranteed that this will represent the child's later understanding of their gender. At the same time, granting them the choice to keep their birth certificate open assures that they will be able to do so when they are confident enough to declare their gender identity.

In several states, particularly Victoria and Tasmania, only those who undergo gender reassignment surgery are allowed to change the sex recorded on their birth certificate. More importantly, that decision should be made not only because of the emotional and physical needs of the individual but also the pleasurable aspects of this costly and invasive process.

Its purpose in the world.

Even though such change would not negatively affect any free society, there has been considerable noisy opposition to the English Law suggested for the Tasmanian society. For example, the Australian Christian Lobby argued that the proposed amendments cheapen the place of Document Two by expunging factual history. However, the total disregard for the function of birth certificates is alarming. As the Victorian Law Reform Commission noted, a birth certificate's purpose is to establish a person's legal identity rather than record biological data.

An example of a legal document explains who a person's father is legally rather than genetically if the person has adopted or is the offspring of assisted reproduction. The official website provides birth-related historical documents, including health information, birth and adoption registration of donor conception, and hospital records. There is no harm to society, but letting transgender and intersex people claim their legal gender effectively and control their private information will improve their situation immensely. Abolishing sex as a category is a further aspect of the struggle against discrimination that's on par with previous attempts to get rid of the race and parents' occupations on birth certificates.