Submission on the BDMRR Bill
Submission on the Inquiry into Supplementary Order Paper 59 on the Births Deaths Marriage Relationships Registration Bill
To the Government Administration Committee
14th September 2021
This submission is from RainbowYOUTH - we are a national charity that provides support, information, resources and advocacy for queer, gender diverse, takatāpui and intersex young people, their friends, whānau, and wider communities since 1989. We support young people and their whānau to know and be who they are. Our submission, made on behalf of our team, is made up of 20 staff, 8 board members, and over 500 service users.
We strongly support the proposed update to the BDMRR Act, as amended by Supplementary Order Paper 59, which will make it easier for transgender and intersex people in New Zealand to update the sex marker on their birth certificate through a self-identification process.
In the last 12 months, RainbowYOUTH has provided 1:1 support to over 500 young people across Aotearoa. Through our day to day operations, we’re seeing that the current process for birth certificates in Aotearoa is inaccessible, costly, and a huge barrier for our communities to access. Our hope is that this Bill can help queer, gender diverse, takatāpui and intersex communities access to basic documents, in line with international human rights standards. The Counting Ourselves Study (2019) showed us that 83% of trans & non binary people in NZ have the incorrect gender marker on their birth certificate, which often leads to people being misgendered at school and work, leading to further discrimination and distress.
Below are our recommendations for this Bill:
Enable people 12 -16 years to change their sex marker on identifying documents with consent from a qualified third party, or a guardian. The Youth’19 study shows us that the majority of trans & non binary young people start to identify as transgender or gender diverse before the age of 14 years. We believe this change can reduce the discrimination and harrassment faced by these young people.
Applicants aged 16 or 17 should be able to amend the sex marker on their birth certificate without the need for any additional consent/support from a qualified third person, or a parent/guardian. We believe this is appropriate considering 16 is the age for consent, and refusal to consent to medical treatment.
Ensure permanent residents retain their right to obtain official documents with their correct gender and name, through an administrative process based on self-determination (self-identification) so that it is consistent with the changes the Bill is making for other trans, non-binary and intersex people in Aotearoa. We support the recommendations made by Rainbow Path, listed on their website here.
Create an option for migrants on temporary visas to be able to obtain an official document with their correct name and gender through a simple, administrative, self-declaration process.
Issue trans, non binary & intersex asylum seekers and Convention refugees on temporary visas with an official document with their correct name and gender e.g. a certificate of identity issued by the Department of Internal Affairs and/or Immigration NZ. Rainbow Path members have been lobbying since 2018 for asylum seekers and Convention refugees to be able to obtain official documentation with their correct name and sex / gender marker. Without such documents, they face immense barriers trying to access basic fundamental services, and potential danger every time they use outdated ID from their country of nationality.
Remove ‘intersex’ from the list of nominated sex markers in 22B, (a) and (b), and (b) also the categories which can initially be listed on birth certificates. As stated in the Darlington Statement (of which RainbowYOUTH is a signatory): attempts to classify intersex people as a third sex do not respect diversity or right to self determination. Considering that there will be amendments to Regulations regarding non binary sex categories, we’d like to see the removal of sex categories as a requirement, alongside the addition of multiple sex markers in order to be inclusive to intersex people.
Change ‘birth mother’ to ‘birthing parent’ in section 11 (2) and 11 (3,c) - not all those who give birth are women or mothers, and we recommend that this section be changed to reflect this.
Remove the 18 month delay planned before the commencement of the bill. We see this time frame as a particularly long period, and we ask that the Committee take into consideration the amount of time that has already passed since the early stages of this bill.
Engage with trans, non binary & intersex organisations and groups as part of the implementation process for the bill, to make sure the process has appropriate consultation, particularly towards the development of additional sex marker options. We also recommend a 5 year statutory review of the Bill.
Thank you for taking the time to read our submission. We are grateful to participate in this process, and we hope that the voice of rainbow young people we support is taken into serious consideration.
Ngā mihi maioha,
RainbowYOUTH Team