Intersex people and identification documents

From a Bill before the ACT Assembly, a Queensland review shortly to commence, and the case of Norrie, a trans person seeking recognition of a non-binary gender identity, there is much speculation in Australia regarding birth certificates and identification documents. Internationally, relevant legal changes have taken place in Germany and Argentina.

This detailed briefing paper seeks to disentangle some of the issues. It reviews the current frameworks, and current proposals. The document also makes a series of recommendations regarding birth certificates and data collection.

The document will be useful to media organisations and representatives, IT staff and survey designers, governmental institutions, and organisations interested in intersex human rights issues.

Download the document (PDF format)

Recommendations

Birth registrations and medical treatment

We recommend an end to requirements for surgical or other clinical treatment in order to change documentation. We believe that there is no justification for such requirements for intersex people.

Further, the existence of explicit surgical or other clinical treatment requirements for trans people is mirrored by medical guidelines that impose de facto requirements for such treatment on intersex people. We recommend that:

  • Medical treatment be completely decoupled from legal designations of sex for all people.
  • BDM legislation should criminalise clinical treatments conducted solely for the purposes of making a registration or re-registration of sex, in the absence of a person’s own stated wish to change their physical characteristics.

Birth registration classifications

We recommend that:

  • Infants or children should be assigned as M or F.
  • Adults and competent minors should be able to change their birth sex classification through a simple administrative procedure.
  • The classifications available for such changes should include F, M, X, and M+F; support for other multiple options is also desirable.
  • Intersex should not be deemed synonymous with X; this means that the term “intersex” should not be included in a definition of X as doing so misgenders very many intersex people.
  • Multiple different definitions of X are ok, including “Intermediate”, “Non-binary” and “Unspecified”. The meaning of chosen terms should be defined through cross- community consultation.
  • Any definition of intersex must acknowledge the congenital character of intersex differences. A sole exception to this is in anti-discrimination law, where such terminology may impact on people perceived to be intersex.

Historical data on birth certificates

We recommend that:

  • Historical data on previous names and sex should not be included on corrected or amended birth certificates unless requested by the applicant.

Data collection

We support the collection of data on gender rather than sex, but we no longer support the detail of the current federal Guidelines.

  • As a minimum requirement, the collection of data on gender should conform to the principles of the federal Guidelines, minimising data collection on sex and gender, and permitting the use of simple F, M and X markers.
  • We recommend that X be defined as “indeterminate/unspecified”, or “non- binary/indeterminate/unspecified”.
  • It is acceptable to offer “unspecified” as an additional, separate, option.
  • It is our recommendation that organisations collecting data should additionally provide for multiple choice options, such as M+F.
  • When data is collected, titles (such as Mr, Ms, etc.) should be optional, to avoid the creation of a de facto record of gender.

Because intersex people have many different gender identities, including F, M, X, M+F, it is not possible to capture data on intersex status using a gender marker. It should be recalled that current federal guidelines describe “X” as “indeterminate/intersex/unspecified” and not “intersex status”.

  • If required, data on intersex status should be collected via a simple check box or query, separate to a classification for sex or gender. An explanation of the meaning of the word intersex is desirable, given widespread public misunderstanding. This could include a statement such that: “Intersex refers to people born with atypical sex characteristics”, or “Intersex is a term for people born with congenital differences in sex characteristics. Do you have an intersex variation?”

Acknowledgement

We acknowledge the kind support of the National LGBTI Health Alliance in the production of this document.

More information

'X marks the spot' in the Western Australian newspaper, Perth 11 January 2003. Read at Bodies Like Ours

3 Comments

peaceandparty

hi OII
i love the fact that i have been in germany most my adult life
and i just came back from argentina and south america!

i must be doing somethings right!
or could it just be coincidence! hahahahaha

we all work together even if we dont actually work together!

hopefully this comment stays! i would expect it to stay…… but then again surprise me if you must! 🙂

all for one and one for all
we are all one but we are not the same

if i could just blow my own trumpet one last time
i even got a bar to change its name to a people friendly bar name
i wont tell you the name of the bar, they are friends of mine and i like to keep business(intersex issues) and friendships seperate!

peaceandparty

i have screen shotted this comment
i expect it not to be shown!

i would just like to say to all of you there, especially gina,morgan and ceecee!
imagine if you let me in on your secret work and we worked together then this intersex awareness mission would start running rather than just walking!

i think most of you know that already!

i can imagine not all of you agree all the time either so there is no difference with me and OII!

please reply actually i think thats professional , reply in private!

i am saving all screenshots just in case i need to make a case of discrimination from my own kind in any given future!

THIS COMMENT IS NOT INTENDED FOR PUBLICATION , THIS IS JUST FOR WHOEVER IS IN CHARGE OF MODERATING COMMENTS!

Morgan

Hi there peaceandparty,

Thanks for your interest in, and support for, our work at OII Australia. We aim to make our objectives and strategies visible to the public, even though much of the work we do is necessarily confidential, such as work with governments and clinicians.

While we are an Australian organisation with an Australian board of directors, we are pleased to work with the global intersex community, and events like the International Intersex Forum are really helpful, providing the ability to discuss local and global issues with each other face-to-face.

all the best, M

Comments are closed.