The Victorian government has introduced legislation to make it easier for trans gender, gender diverse and intersex people to get new birth certificates that accurately record their gender.

Currently, if a person in a heterosexual marriage changes gender and wants a new birth certificate to reflect that, he or she will need a divorce first because same-sex marriage is illegal.

But under an amendment to Victoria’s Births, Deaths and Marriages Act introduced to the parliament on Thursday, couples will no longer be forced to divorce if one partner wishes to apply to change the sex recorded on his or her birth registration.

While the Federal Marriage Act does not allow same-sex marriage, it does not stipulate that sex cannot be changed after the marriage.

Adults would be able to apply to alter the sex recorded on their Victorian birth registration and birth certificate and would be able to nominate their sex descriptor as male, female or specify a gender diverse or non-binary descriptor.

The bill also introduces a new process enabling parents or a guardian to apply to alter the sex recorded on their child’s birth registration, so long as the child’s consent has been given and there is a supporting statement from a doctor or registered psychologist. Children over the age of 16 will be assumed to have capacity to consent.

The bill introduced to parliament on Thursday also removed the need for applicants to have undergone sex affirmation surgery before being able to apply for new birth certificates.

Victoria’s attorney general, Martin Pakula, said: “Nobody should be forced to undergo major surgery or choose between maintaining a legal relationship with their spouse just to get a birth certificate that reflects who they are.

“We’ve also put strong measures in place to safeguard the interests of children, and limits to ensure people don’t misuse the system.”

Parliament will debate the proposed reforms at the end of the month.

The executive director of Transgender Victoria, Sally Goldner, said without a birth certificate that accurately reflected someone’s gender, opening bank accounts, obtaining passports and applying for working with children checks were all made more difficult.

“Birth certificates are an important, big-ticket document,” Goldner said. “Everyone is saying this is about time.”

The Greens senator Janet Rice, who lives in Victoria, agreed. Her husband, Peter Whetton, underwent a gender transition almost 15 years ago, and changed her name to Penny. Rice said Whetton had never attempted to change her birth certificate to accurately reflect her sex because it would have meant first obtaining a divorce.

“We’ve had an initial discussion today about this legislation and I said to her, ‘You can change your birth certificate now,’” Rice said.

“It is something that now at least is available to her as an option. People are every pleased. But now it’s time to see the legislation pass, and to continue pushing for similar reforms around the country.

“I certainly congratulate the Victorian government on this, but let’s hope it gets across the line.”

The Australian Capital Territory parliament passed similar reforms in 2014.