Transgender Law
Updating your legal gender on a birth certificate or passport can be a powerful step in affirming your identity.
In Queensland, recent reforms have made gender recognition laws more inclusive by removing outdated surgical requirements and formally recognising non-binary identities. That said, the process can still be complex to navigate.
Australian Passports
You can now choose from three gender markers on your Australian passport:
- M (Male)
- F (Female)
- X (Non-binary, intersex, or unspecified)
To apply for a passport that reflects your gender identity, you’ll need to provide one of the following:
- A revised birth certificate or recognised details certificate from your state’s Registry (like the Queensland RBDM),
- A gender recognition certificate, or
- A statement from a registered medical practitioner or psychologist on a B14 form confirming your gender.
If you’ve changed your name as well, you’ll need to include proof of that too.
Further info can be found at passports.gov.au
Travelling overseas with a gender X marker?
While Australia allows you to list X as your gender on your passport, many other countries do not recognise it. Unfortunately, this can create serious issues at international borders, from entry refusal to detainment or additional scrutiny, particularly in countries with laws that criminalise or do not acknowledge transgender and gender-diverse identities.
Before travelling, we strongly recommend checking the entry and transit requirements for your destination. Contact the relevant embassy or consulate and review guidance on the Smartraveller website.
You can also read more about the legal risks faced by LGBTQI travellers globally (including countries where same-sex activity or gender expression is criminalised) in our article on How Do Transgender Rights in Australia Differ From Other Countries? (2025 Update).
Birth Certificates in Queensland
As of 24 June 2024, Queensland has modernised its laws to make it easier for transgender and gender-diverse people to update their birth certificates. You no longer need to have gender affirmation surgery to legally change the sex marker on your record — a huge and long-overdue shift toward recognising gender identity without medical pre-requesites.
You can now choose to register your sex as male, female, or non-binary.
If you’re over 16, you can apply yourself via the Qld Registry of Births, Deaths & Marriages. If you’re under 16, a parent or guardian can apply for you, but the change must be approved by the Children’s Court.
To apply, you’ll need:
- A statutory declaration confirming your gender identity, and
- A supporting statement from someone over 18 who has known you for at least 12 months.
You also no longer need to be unmarried to apply, which is another outdated requirement that Queensland removed in a previous reform. These changes bring Queensland in line with other states and territories.
If you need guidance or support navigating these changes, or any other transgender law issue, our team can help.
Cassandra Pullos
