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Transgender Children and the Law

The Guardian Newspaper recently published an article titled “Transgendered Children, the Law, and a Boy Born in the Skin of a Girl” which explored the emotional turmoil facing children with Gender Dysphoria and their families. A copy of the article can be found here: http://www.theguardian.com/commentisfree/2016/jan/19/transgender-children-the-law-and-a-boy-born-in-the-skin-of-a-girl

According to current legal principles, Stage 2 cross-hormonal treatment for children with Gender Dysphoria falls within the category known as Special Medical Procedures. Special Medical Procedures are medical procedures that fall outside of the scope of parental responsibility, that is, the parent or legal carer of a child who requires this type of medical procedure cannot legally consent to the treatment without the authority of the Court.

Before authorising such a procedure, the Family Court of Australia requires expert evidence surrounding the child’s diagnosis and the proposed treatment and must be satisfied that the treatment is in the child’s best interests.

Since the Full Court decision of Re: Jamie in 2013, there have been many single-judge decisions that have taken very different approaches to how these matters are decided. Consequently, this particular area of the law and the children who rely on it could benefit from clear legislative direction.

Nicholes Family Lawyers has extensive expertise in such applications and is dedicated to streamlining them as much as possible to ensure that the children concerned are protected and their interests are promoted in the most cost-effective and emotionally non-intrusive way possible.

For more about Nicholes Family Lawyers’ expertise in this area, please visit the Special Medical Procedures section of our website: https://nicholeslaw.com.au/our-expertise/special-medical-procedures/

By Nicholes Family Lawyers


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