Alteration of Sex Description and Sex Status Act

1. In this Act, unless the context indicates otherwise- means; other degree; whatever 5 to or in which a person expresses his or her “gender characteristics” means the ways social identity as a member of a particular sex by using style of dressing, the wearing of prostheses “gender reassignment” means a process which is undertaken for the purpose of reassigning a person’s sex by changing physiological or other sexual characteris- tics, and includes any part of such a process; “intersexed”, with reference to a person, means a person whose congenital sexual differentiation is atypical, “medical practitioner” means a person providing health services in terms of any law, including in terms of the- (a) Allied Health Professions Act, 1982 (Act No. (b) Health Professions Act, 1974 (Act No. 56 of 1974); ( c ) Nursing Act, 1978 (Act No. 50 of 1978); (d) Pharmacy Act, 1974 (Act No. 53 of 1974); ( e ) Dental Technicians Act, 1979 (Act No. 19 of 1979); and (f) Mental Health Care Act, 2002 (Act No. 17 of 2002); “primary sexual characteristics” means the form of the genitalia at birth; “secondary sexual characteristics” means those which develop throughout life and 20 which are dependant upon the hormonal base of the individual person; “sexual characteristics” means primary gender characteristics. or secondary sexual characteristics 63 of 1982); or 15 10 Application for alteration of sex description 2. (1) Any person whose sexual characteristics have been altered by surgical or 25 medical treatment or by evolvement through natural development resulting in gender reassignment, or any person who is intersexed may apply to the Director-General of the National Department of Home Affairs for the alteration of the sex description on his or her birth register. (2) An application contemplated in subsection (1) must- ( a ) be accompanied by the birth certificate of the applicant; 30 4 No. 26138 GOVERNMENT G.AZkTTE I S Al.4RCtl 200-1 Art No. 4Y, 2003 ALTERATION OF SEX DESCRIPTION AND SEX STATUS ACT. 2003 ( b ) in the case of a person whose sexual characteristics have been altered b! surgical or medical treatment resulting in gender reassignment. be accompl- nied by reports stating the nature and results of any procedures carried o u t and any treatment applied prepared by the medical practitioners who carried out the procedures and appliea the treatment or by a medical practitioner uith experience in the carrying out of such procedures and the application of such treatment; ( c ) in every case in which sexual characteristics have gender reassignment, be accompanied practitioner other medically examined the applicant characteristics: and than the one contemplated been altered resulting i n by a report. prepared by a medical in p a r a p p h (17) \vho has in order to establish his or her sexual ( d ) in the case of a person who is intersexed. be accompanied bj- by a medical practitioner corroborating (i) a report 'prepared that the applicant is intersexed; and (ii) a report prepared by a qualified psychologist or social worker corrobo- rating that the applicant is living and has lived stably and satisfactorily. for an unbroken period in the gender role of at least two years, corresponding to the sex description under which he or she seeks t o be registered. (3) If the Director-General refuses the application contemplated in subsection ( 1 ). he or she must furnish the applicant with written reasons for the decision. ( 3 ) If an application contemplated in subsection ( 1 ) is refused. the applicant appeal to the Minister of Home Affairs against the decision General. taken b!- ( 5 ) An application contemplated in subsection (1) must be lodged n,ith the Minister \vithin 1-1 days after the decision of the Director-General was made known and must be accompanied by the documents referred to in subsection ( 2 ) and the reasons for the Director-General's refusal. (6) If an appeal in terms of subsection (4) is refused. the applicant may apply t o the nugistrate of the district in which he or she resides for an order directing the change of his or her sex description. ( 7 ) An application contemplated in subsection (6) must be accompanied by the documents referred to in subsection (2) and the reasons for the Minister's refusal. ma\ the Director- I O 15 25 30 (8) On the date and at the time determined by the magistrate the applicant must appear 35 before the magistrate in chambers and must at the request of the magistrate furnish such additional information and proof as the magistrate may require. (9) If the application the is granted the magistrate must issue Director-General to alter the sex description in the birth register of the person named i n the order. an order directing ( 10) An applicant may, on his or her appearance before the magistrate. be assisted b! a legal representative. Order for alteration of sex description 3. ( 1 ) If the Director-General grants an application contemplated in section 2( I or receives an order from a magistrate in terms of section 2(9), the Director-General must proceed in terms of section 27A of the Births and Deaths Registration Act, 1997 (Act No. 5 1 of 1992). (7) A person whose sex description has been altered, is deemed for all purposes to be of the recording of' such a person of the sex description so altered as from the date alteration. 10 (3) Rights and obligations that have been acquired by or accrued to such a person sex description are not adversely affected by the before the alteration of his or her alteration. 6 No. 26148 Act No. 49,2003 GOVERNMENT GAZElTE. I5 MARCH 2004 ALTERATION OF SEX DESCRIPTION AND SEX STATUS ACT. 2003 Insertion of section 27A in Act 51 of 1992

4. The following section is hereby inserted in the Births and Deaths Registration Act, 1992, after section 27: “Alteration of sex description amended birth certificate.”. Short title

5. This Act is called the Alteration of Sex Description and Sex Status Act, 2003.