Transgender, gender diverse or intersex people will no longer have to divorce or undergo sex-change surgery if they want a new birth certificate, under legislation to be introduced on Thursday.



The change will end the process known as "forced trans divorce"; when a person has to divorce their partner because they have changed their gender identity, because remaining in the marriage would "create" an illegal same-sex marriage.



Parents will also be able to alter the gender descriptor of their child on birth certificates, with the child's consent.

Attorney-General Martin Pakula said that under the changes, adults could apply to alter the sex recorded on their Victorian birth registration and birth certificate.



The applicant can nominate the sex descriptor in their birth registration as male, female or specify a gender diverse or non-binary descriptor.

Transgender, gender diverse or intersex people will no longer have to divorce or undergo sex change surgery if they want a new birth certificate. Credit:Gerry Broome

Should an alteration needto be made to a child's certificate, the application must be accompanied by a supporting statement from a doctor or psychologist confirming the child has the capacity to consent, and that the change is in their best interests.