Tuesday, 3 October 2023

Marriage certificate correction

Emma KEALY (Lowan) presented a petition bearing 89 signatures:

Issue

This petition of residents in Victoria draws to the attention of the Legislative Assembly. I would like to bring your attention to the following matter for Transgender and Non-Binary individuals who are married before transitioning. Victorian transgender individuals are allowed to correct their name and gender on their own birth certificate. After the correction they’re given the opportunity to correct their name and parental descriptor on their children’s birth certificates. Currently the Registry of Births Deaths & Marriages Victoria, does not allow individuals who have transitioned after marriage, who have gone through the process to obtain a new gender affirming corrected birth certificate, to correct their marriage certificate. Individuals who were married pre-transition and want to continue going by their married surname are forced to either have their spouse’s surname printed on their birth certificate, instead of their own birth surname OR to divorce and remarry their spouse. Post-transition we are still legally married, but our marriage certificate does not reflect who we are. We would like to have all our identity documents to reflect the same legal name and gender not a mix match of names and genders.

Action

The petitioners therefore request that the Legislative Assembly to introduce an amendment to the Births, Deaths and Marriages Registration Act 1996, which will allow Transgender and Non-Binary individuals to correct their Marriage Certificate to their legally corrected gender with Groom/Bride/Spouse along with their legally corrected name without having to go through a lengthy and costly divorce.

Ordered that petition be considered tomorrow on motion of James Newbury.