Scrapping a "cruel and unfair" law will mean trans and intersex people in Victoria will no longer need gender reassignment surgery before they can change the sex recorded on their birth certificate.

Gender diverse people, including children in some circumstances, will be free to self-nominate their sex as male, female or many other non-binary descriptors of their choice, under a bill the Andrews government will introduce to parliament on Tuesday.

Attorney General Jill Hennessy and Victorian Premier Daniel Andrews Credit:James Ross

If the proposed change is passed into law, it would bring Victoria into line with other states and territories including Tasmania, South Australia, Western Australia and the ACT.

The government argued that the law that requires a trans or intersex person to have sex affirmation surgery before changing their birth certificate should be scrapped because some people cannot, or do not want to go through an expensive and invasive medical procedure.