Jackie's birth certificate has been a source of stress over the years. But new laws could soon change that

New legislation has been introduced in Queensland aimed at strengthening the legal recognition of trans and gender-diverse people.

Jackie Turner, a transgender woman who was born in Queensland, has changed her gender on most forms of identification but has not yet been able to update her birth certificate. Source: Supplied / Jackie Turner

Key Points

• Under new laws, Queenslanders will be able to change the gender on their birth certificate more easily.
• Attorney-General Shannon Fentiman said the bill would strengthen recognition of trans and gender-diverse people.
• Equality groups have welcome the proposed new laws.

For many people, presenting a birth certificate is a simple way of proving identity, and is done without a second thought.

For Jackie Turner, it has been a source of anxiety, confusion, and awkward conversations.

"The threat of being outed, or having awkward conversations when I need to use my birth certificate, is an ongoing stress for me."

Now, under legislation introduced to the Queensland parliament on Friday, transgender people like Ms Turner will soon be able to change gender markers on their birth certificates more easily.

Ms Turner, a trans woman who was born in Queensland, has already been able to update her gender on other forms of identification, but says laws around birth certificates have lagged behind.

"For me, these new laws will mean getting my final piece of identification in order," she said.

"The laws in Queensland were so outdated. I already have female on my passport, Medicare, and my marriage licence."

Ms Turner said having a different gender on different forms of identification had often led to stress and awkward conversations.

"When I'm applying for rental properties or when I'm dealing with banks and those sorts of things, you often do need a birth certificate and to have mismatching genders on different forms of identification can create questions," she said.

"It feels great to have laws coming into place that are actually focused on recognising trans people for who they are."

What does the new legislation change?

The bill will replace the current Births, Deaths and Marriages Registration Act 2003, which has been in force since early 2004.

Currently, people cannot update Queensland-issued birth certificates without having surgery on their reproductive organs, and there is no gender marker recorded on Queensland driving licenses or Proof of Age Cards.

The new legislation will remove the requirement to undergo surgery in order to change the gender on a birth certificate.

Attorney-General Shannon Fentiman said the bill aims to strengthen legal recognition of trans and gender-diverse Queenslanders.

"It is an unfortunate reality that trans and gender-diverse people face much higher rates of discrimination, violence and social exclusion than their cis counterparts," she said.

"In developing the bill, we have carefully considered the experiences of LGBTIQ+ stakeholders, the difficulties they face and the recommendations they made in order to get these reforms right. Quite simply—we listened and this bill is the result."

The new legislation will also allow for non-binary and gender-diverse descriptions to be used, include stronger recognition of same-sex parents, strengthened fraud prevention measures, and will update the Anti-Discrimination Act to remove the ‘working with children’ exemption.

The Bill establishes two pathways to alter the record of sex for a child under 16; through the Children's Court, or with an application to the register by a parent or guardian when particular criteria are met.

'We'd been wanting this for so long'

Under the new laws, people who reside in Queensland but were not born in Australia will also be able to obtain a certificate similar to a birth certificate in recognition of their gender.

Ymania Brown, a fa’afafine transgender woman and spokesperson for LGBTIQ+ group Equality Australia, told SBS News the introduction of the legislation was long overdue.

"We'd been wanting this for so long, not just myself but also the organisations on the ground, the activists, it affects them all in their daily lives," she said.

Under Queensland's new legislation, fa’afafine trans woman Ymania Brown will be able to obtain paperwork reflecting her gender identity. Source: Supplied / Ymania Brown

"When it finally happened it was ... a mixture of overwhelming emotions."

Ms Brown said the reform is a step forward in improving barriers faced by Queensland's gender-diverse population.

"This legislation is not going to change most Queenslanders' lives at all ... but what it will do is it will change the lives of trans and gender diverse Queenslanders to a point where it actually elevates their humanity to be the same as everybody else."

LGBTIQ+ Australians seeking support with mental health can contact QLife on 1800 184 527 or visit qlife.org.au. ReachOut.com also has a list of support services.