*** Transcriber's note: Please set your voice synthesiser to read most punctuation. When you encounter the caret sign (^) at the end of a line, please enter the applicable information, if necessary. *** The Department of Internal Affairs Te Tari Taiwhenua BDM72 Application to update sex marker on birth certificate Aged 16 or 17 | Tono whakahou i te tohu ira tangata ki te tiwhikete whānau 16 me te 17 tau Use this form to update the sex marker on your New Zealand birth certificate if: • your birth was registered in New Zealand • you are aged 16 or 17, and • you have not been in a marriage, civil union, or de facto relationship. Guidelines for your new sex marker You will need to select one of the following sex markers: • female • male • non-binary. Timeframe To view our current timeframes for updating a sex marker on a birth certificate, go to: govt.nz/bdmtimeframes. If you have requested a certificate showing your new sex marker, allow extra time for postage. If your application is not correct and complete, your application may be delayed. Contact details Website: govt.nz/bdm/contactus Email: bdm.nz@dia.govt.nz Only use email for enquiries about the form. To return the form, follow the postage instructions on page 11. Do not email the completed form to us. Requirements You will need to: 1. Have all your guardians sign their consent on page 6 of this form or provide a Letter of Support from a suitably qualified third party. 2. Provide a certified true copy of your current photo identification. 3. Make a statutory declaration on page 7-8 of this form. Refer to pages 2-3 for further information about these requirements. Include an official English translation of any document that is not in the English language. Before you apply 1. Guardian consent or Letter of Support What is a guardian? A legal guardian is an adult who’s responsible for the upbringing and care of a child. This is often both parents of the child. In some circumstances, it can be one parent or someone additional appointed by the Family Court. You will need all of your guardians to provide a signature to show consent to your application to update the sex marker on your birth certificate. If you have one guardian, or any additional guardians, your application will need to include a court document to show them being appointed. For one parent this is usually called a Sole Guardianship Order, or if you have more than two guardians, an Additional Guardianship Order. What if my guardians do not consent? You are able to apply to update the sex marker on your birth certificate with a Letter of Support from a suitably qualified third party. The following professionals can provide a Letter of Support if they are registered in New Zealand: • doctors • psychologists • psychotherapists • nurses • social workers • registered counsellors You can also get a Letter of Support from a person aged 18 years or over who has known you for 12 months or more. What does the third party need to do? The role of a third party will be to provide a Letter of Support that confirms that: • you understand what it means to update the sex marker on your birth certificate; and • it is something that you want to do. The third party is not assessing if the change is in your best interest or if you physically conform to the sex marker you have requested. 2. Your current photo identification You must provide a certified true copy of one of the following. It must include your photo. • New Zealand or overseas passport (photo page only) • New Zealand or overseas school photo ID • New Zealand or international driver licence (copy of front and back) • Overseas identity card A certified true copy is a photocopy that has been stamped or endorsed by an authorised person. For example, a solicitor/lawyer, notary public, registrar of the court or Justice of the Peace. This confirms that the copy is a true copy of the original document. If you do not have photo identification, you will also need to fill out a BDM76 Identity referee declaration form and attach it to this application. You can find this form at: govt.nz/birth-certificate-sex. You must present your current photo identification or completed BDM76 form (with attached photo) to the person authorised to take a statutory declaration when you sign the declaration in front of them. They can certify your document at the same time. 3. Statutory declaration requirements A statutory declaration is a written statement signed in front of an authorised person and declared to be true. The people below are authorised to take a statutory declaration. New Zealand • Registrar of Births, Deaths and Marriages • Justice of the Peace • Registrar or a deputy registrar of the Supreme Court, Court of Appeal, High Court or a District Court • Person enrolled as a barrister and solicitor of the High Court • Any other person authorised by law to administer an oath Commonwealth country other than New Zealand • Commonwealth representative • Justice of the Peace • Notary Public • Judge • Commissioner of Oaths • Solicitor of the High Court of New Zealand • A person authorised by law to administer an oath for the purpose of judicial proceeding (examples on the next page) Non-Commonwealth country • Commonwealth representative • Notary public • Judge • Solicitor of the High Court of New Zealand Examples of people authorised by the law of Australia, England, Wales, Ireland, Northern Ireland and Scotland to administer an oath for the purpose of judicial proceeding: Australia Australian Police are not authorised to take this statutory declaration unless you are in the Northern Territory. Australian pharmacists, optometrists and doctors are not authorised to take statutory declarations. • Judge • Notary public • Justice of the Peace • Solicitor of the High Court of New Zealand • Australian legal practitioner • Court clerk or registrar who certifies their authority to take an oath for a judicial proceeding • Commonwealth representative Also, if in Northern Territory • Commissioner for Oaths (by personal appointment) • Member of the Legislative Assembly • Member of the house of the Parliament of the Commonwealth elected to represent the Territory or a constituency in the Territory • Member of the police force who is 18 years or older Also, if in Queensland • Commissioner for Declarations • Conveyancer Also, if in South Australia • Commissioner for Affidavits Also, if in Western Australia • A mining registrar appointed under the Mining Act 1978 England or Wales • Judge • Commissioner of Oaths (by personal appointment) • Notary public • Justice of the Peace • Solicitor of the High Court of New Zealand • Solicitor • Barrister • Legal executive • Licensed conveyancer • Court clerk or registrar who certifies their authority to take an oath for a judicial proceeding • Commonwealth representative Ireland or Northern Ireland • Judge • Notary public • Justice of the Peace • Solicitor • Court clerk or registrar who certifies their authority to take an oath for a judicial proceeding • Commonwealth representative • Solicitor of the High Court of New Zealand Scotland • Judge • Notary public • Justice of the Peace • Commonwealth representative • Person authorised by the law of that country to administer an oath for the purpose of a judicial proceeding • Solicitor of the High Court of New Zealand. Privacy statement The information provided on this form is collected under the Births, Deaths, Marriages, and Relationships Registration Act 2021 (the ‘BDMRR’ Act). A person who makes, or causes to be made, a false declaration on this form will be liable on conviction to a fine or term of imprisonment, or both. The new information will be held on a public register, and may generally be accessed by any person on application (e.g. as a certificate or printout). The Department of Internal Affairs may also release it to certain government agencies and foreign registration authorities, as authorised by law. This form, the accompanying certificate, and the details relating to your sex at birth will not be publicly available, except where the Registrar-General is satisfied the information is required in relation to the administration of an estate or trust, a marriage, or by order of a Court. A new birth registration will be made from the information provided. Corrections may be made as provided for in the BDMRR Act. The BDMRR Act governs access to registered information. Information about your rights to access and, where appropriate, correct the information is available on our website govt.nz/bdm or freephone 0800 22 52 52. Fees statement All fees are correct as at the form version date. All fees are in New Zealand dollars. Instructions: • You can complete this form by hand or on-screen using Adobe Reader. • You can use the Tab key to move to the next fillable form field in Adobe Reader. • You must still print off the application and sign where applicable by hand Please read the ‘Before you apply’ section of this application form carefully before you start. If your application is not correct and complete, your application may be delayed or unsuccessful. 1. My name This is the current name on your birth certificate. All first and middle names ^ Surname ^ 2. My date of birth Date (dd/mm/yyyy) ^ 3. My place of birth Town/city ^ Country ^ 4. My contact details Phone number ^ Email ^ My preferred name for contact purposes ^ 5. Guardian consent If your application is made with guardian consent, all your guardians must sign below. If you do not have the consent of all of your guardians to update the sex marker on your birth certificate, attach a Letter of Support from a suitably qualified third party. See the guide notes on page 2 for information on who can supply a Letter of Support. I/we are the guardian(s) of the person whose registered sex marker is to be updated and I/we consent to the change as set out in this application by the applicant. Guardian 1’s full name ^ Guardian 1 signature ^ Date signed (dd/mm/yyyy) ^ Guardian 2’s full name (if applicable) ^ Guardian 2 signature ^ Date signed (dd/mm/yyyy) ^ Guardian 3’s full name (if applicable) ^ Guardian 3’s signature ^ Date signed (dd/mm/yyyy) ^ Guardian 4’s full name (if applicable) ^ Guardian 4’s signature ^ Date signed (dd/mm/yyyy) ^ The next section is the Statutory Declaration. You will need to sign it in front of an authorised person. Refer to pages 2-3 for the list of people authorised to take a Statutory Declaration. Statutory declaration Take care completing this statutory declaration as you may be required to do it again if there are errors. All corrections must be: • initialled • dated, and • witnessed by a person authorised to take a statutory declaration. 6. I, Full name ^ 7. of Enter your residential address. This cannot be a PO Box. Street number and name ^ Suburb ^ Town or city ^ Country ^ 8. a Enter your occupation, for example, ‘Student’ or ‘Landscape Gardener’. If you have no occupation, enter ‘No occupation’. Occupation ^ 9. I solemnly and sincerely declare that: • I identify as a person of the sex marker selected below; and • I understand that any future birth certificates will show the selected sex marker in the sex field. Select one: Female Yes or No ^ Male Yes or No ^ Non-binary Yes or No ^ 10. Fill out and sign this section before a person authorised to take a statutory declaration (Refer to guide notes for the list of authorised people.) I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957. Declared at (Town or city, and country) ^ this day of (dd/mm/yyyy) ^ by (Signature of applicant) ^ 11. The person authorised to take a statutory declaration must complete this section I am satisfied of the applicant’s identity because (select one): Option 1: I have sighted the declarant’s original photo identification document Yes or No ^ The document I relied on was: Document name (e.g. New Zealand passport) ^ Document number (e.g. passport number) ^ Option 2: I have sighted the applicant’s photo on a fully completed BDM76 Identity Referee form. Yes or No ^ Signature (Authorised person signs here) ^ Full name of authorised person ^ Qualification of authorised person ^ End of Statutory Declaration. Continue to sections 12-14 of the form. 12. Fees The application fee to update your sex marker is $55. Birth certificate (additional fee) You can order a birth certificate if you need a certificate that shows your new sex marker. If you do not need a certificate to prove your new sex marker, this is optional. There are several types and packages of birth certificate that you can select from. Standard certificate. $33 each. Quantity wanted? ^ Forest style decorative certificate. $35 each. Quantity wanted? ^ Beach style decorative certificate. $35 each. Quantity wanted? ^ All Blacks style decorative certificate. $35 each. Quantity wanted? ^ Two certificate package: All Blacks style decorative and standard. $55 per package. Quantity wanted? ^ Two certificate package: beach style decorative and one standard. $55 per package. Quantity wanted? ^ Two certificate package: forest style decorative and standard. $55 per package. Quantity wanted? ^ 13. Birth certificate delivery (if applicable) If you have ordered a birth certificate, select a delivery method: I want the certificate(s) sent by standard post, which costs $0 Yes or No ^ I want the certificate(s) couriered to a New Zealand address for $5 Yes or No ^ I want the certificate(s) couriered to an overseas address for $15 to $30 Yes or No ^ Australia, Asia, Pacific courier costs $15. USA courier costs $20. Rest of world (icludes: Azerbaijan, Armenia, Bulgaria, Bosnia and Herzegovina, Cyprus, Croatia, Greece, Georgia, Macedonia, Malta, Moldova) costs $30. Contact us if you are unsure whether we can deliver to your country. Delivery address: Delivery name ^ Street number and name ^ Suburb ^ Town or city ^ Country ^ Postcode ^ 14. Payment Do not post cash or card. Do not email credit card details. Charge my debit or credit card (Visa, MasterCard, American Express, Prezzy Card): Visa Yes or No ^ Mastercard Yes or No ^ AMEX Yes or No ^ Prezzy Card Yes or No ^ (a) Card Number. ^ (b) Expiry Date. (MM/YY) ^ (c) Cardholder's name. ^ (d) Cardholder's signature. ^ Next steps Print and sign the form. Post the form, appropriate fee(s), and documents to us. New Zealand office: Births, Deaths and Marriages Department of Internal Affairs PO Box 10-526 Wellington 6140 New Zealand Sydney office: Births, Deaths and Marriages Department of Internal Affairs GPO Box 365 Sydney New South Wales 2001 Australia London office: Births, Deaths and Marriages Department of Internal Affairs 1 Pall Mall East London SW1Y 5AU United Kingdom Last updated 15 June 2023