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ACT birth certificates could soon recognise transgender and intersex people. As well, another category, ”indeterminate”, is also being considered.

The territory government is considering changes to the Births, Deaths and Marriages Act that would add to the traditional gender categories.

The changes have been recommended to the government by its Law Reform Advisory Council and will be considered by cabinet in the coming weeks.

In its report ”Beyond the Binary: Legal Recognition of Sex and Gender Diversity in the ACT”, the council also calls for an end to the requirement for sex-change surgery before a person can change their gender on a birth certificate.

”It is the view of the council that to give legal recognition to intersex people, the available categories for the registration of a person’s sex should be any of female, male, intersex and indeterminate,” the report reads.

”The category of intersex will ensure that if a decision was made to assign the sex ‘female’ or ‘male’ to an intersex child at or after their birth, and it later becomes apparent that the assigned sex does not align with the child’s sex and gender identity, it is possible for the child, at a later stage of their life, to alter the record of their sex not only to male or female as the case may be, but also to intersex.

”The category of ‘indeterminate’ should be used only when it is not possible to determine the sex of a premature still-born child.”