Wednesday, February 26, 2025
HomeHealthChild's Right to Puberty Blockers Amidst Parental Disagreement

Child’s Right to Puberty Blockers Amidst Parental Disagreement

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Young People’s Access to Gender-Affirming Medical Care Under Scrutiny

Young people’s access to gender-affirming medical care has been making headlines this week.

Recent Developments

Today, federal Health Minister Mark Butler announced a review into health care for trans and gender-diverse children and adolescents. The National Health and Medical Research Council will conduct the review.

Yesterday, The Australian published an open letter to Prime Minister Anthony Albanese calling for a federal inquiry, and a nationwide pause on puberty blockers and hormone therapy for minors.

Queensland Health Minister Tim Nicholls earlier this week announced an immediate pause on access to puberty blockers and hormone therapies for new patients under 18 in the state’s public health system, pending a review.

In the United States, President Donald Trump signed an executive order directing federal agencies to restrict access to gender-affirming care for anyone under 19.

What are Puberty Blockers?

Puberty blockers suppress the release of oestrogen and testosterone, which are primarily responsible for the physical changes associated with puberty. They are generally safe and used in paediatric medicine for various conditions, including precocious (early) puberty, hormone disorders, and some hormone-sensitive cancers.

International and domestic standards of care state that puberty blockers are reversible, non-harmful, and can prevent young people from experiencing the distress of undergoing a puberty that does not align with their gender identity. They also give young people time to develop the maturity needed to make informed decisions about more permanent medical interventions further down the line.

Can a Child Legally Access Puberty Blockers?

Gender-affirming care has been the subject of extensive debate in the Family Court of Australia (now the Federal Circuit and Family Court).

Between 2004 and 2017, every minor who wanted to access gender-affirming care had to apply for a judge to approve it. However, medical professionals, human rights organisations, and some judges condemned this process.

In research for my forthcoming book, I found the Family Court has heard at least 99 cases about a young person’s gender-affirming care since 2004. Across these cases, the court examined the potential risks of gender-affirming treatment and considered whether parents should have the authority to consent on their child’s behalf.

What if Parents Disagree?

Sometimes parents disagree with decisions about gender-affirming care made by their child, or each other.

As with all forms of health care, under Australian law, parents and legal guardians are responsible for making medical decisions on behalf of their children. That responsibility usually shifts once those children reach a sufficient age and level of maturity to make their own decisions.

However, in another landmark case in 2020, the court ruled gender-affirming treatments cannot be given to minors without consent from both parents, even if the child is capable of providing their own consent. This means that if there is any disagreement among parents and the young person about either their capacity to consent or the legitimacy of the treatment, only a judge can authorise it.

Have the Courts Ever Denied Care?

Across the at least 99 cases the court has heard about gender-affirming care since 2004, 17 have involved a parent opposing the treatment and one has involved neither parent supporting it.

Regardless of parental support, in every case, the court has been responsible for determining whether gender-affirming treatment was in the child’s best interests. These decisions were based on medical evidence, expert testimony, and the specific circumstances of the young person involved.

Supporting Transgender Young People

The history of Australia’s legal debates about gender-affirming care show it has already been the subject of intense legal and medical scrutiny.

Gender-affirming care is already difficult for young people to access, with many lacking the parental support required or facing other barriers to care.

Gender-affirming care is potentially life-saving, or at the very least life-affirming. It almost invariably leads to better social and emotional outcomes. Further restricting access is not the “protection” its opponents claim.

Conclusion

Gender-affirming care is a complex and sensitive issue, requiring a nuanced understanding of the legal and medical frameworks surrounding it. It is essential to separate fact from fiction and to prioritize the well-being and autonomy of transgender, gender-diverse, and non-binary young people.

FAQs

Q: What is gender-affirming care?

A: Gender-affirming care includes medical, psychological, and social interventions to support transgender, gender-diverse, and non-binary young people in their gender journey.

Q: What is the current legal framework for gender-affirming care in Australia?

A: The legal framework is governed by the Family Court of Australia (now the Federal Circuit and Family Court) and the National Health and Medical Research Council.

Q: What are the potential risks and benefits of gender-affirming care?

A: The potential risks include the possibility of regret, while the benefits include improved mental health, reduced gender dysphoria, and enhanced overall well-being.

Q: How can I support a transgender, gender-diverse, or non-binary young person in their gender journey?

A: You can offer emotional support, listen to their experiences, and advocate for their rights and well-being.

Q: Where can I find more information and resources about gender-affirming care?

A: You can find more information and resources at the websites of organisations such as the World Professional Association for Transgender Health, the World Health Organization, and the Australian and New Zealand Professional Association for Transgender Health.

Q: What can I do if I am concerned about someone’s gender identity or expression?

A: You can start by educating yourself about gender diversity, using appropriate language, and respecting people’s gender identity and expression.

Q: How can I get help if I am struggling with my own gender identity or expression?

A: You can reach out to a mental health professional, a support group, or an online community for guidance and support.

Q: What should I do if I have a child who is questioning their gender identity or expression?

A: You can offer a safe and supportive environment, listen to their concerns, and consider seeking professional guidance from a mental health professional or a gender specialist.

Q: What are some common misconceptions about gender-affirming care?

A: Common misconceptions include the idea that gender-affirming care is experimental, dangerous, or a form of “conversion therapy.” These myths are unfounded and have been thoroughly debunked by the medical and scientific communities.

Q: What can I do to support the rights and well-being of transgender, gender-diverse, and non-binary young people?

A: You can advocate for their rights, use appropriate language, and respect their gender identity and expression.

Q: How can I get involved in the conversation about gender-affirming care?

A: You can participate in online discussions, attend events and conferences, and engage in respectful and informed dialogue with others.

Q: What are some resources for transgender, gender-diverse, and non-binary young people?

A: Some resources include the Trevor Project, the Transgender Law Center, the National Center for Transgender Equality, and the World Professional Association for Transgender Health.

Q: How can I find a healthcare provider who is knowledgeable about gender-affirming care?

A: You can search online, ask for referrals, or contact organisations such as the World Professional Association for Transgender Health or the American Medical Association.

Q: What are some common signs of gender dysphoria?

A: Common signs include feelings of discomfort, distress, or impairment related to one’s gender, as well as a strong desire to avoid one’s gender or to be free from its associated social roles and expectations.

Q: How can I support a transgender, gender-diverse, or non-binary young person in their education or employment?

A: You can offer a safe and supportive environment, use appropriate language, and respect their gender identity and expression.

Q: What are some common myths about gender-affirming care?

A: Common myths include the idea that gender-affirming care is a form of “conversion therapy” or that it is only for people who are “transgender” or “non-binary.” These myths are unfounded and have been thoroughly debunked by the medical and scientific communities.

Q: How can I find more information about gender-affirming care and its benefits?

A: You can start by searching online, consulting with a healthcare provider, or seeking out resources from reputable organisations and experts in the field.

Q: What are some signs of gender identity exploration in children?

A: Common signs include a strong interest in a particular gender, a desire to dress in clothing associated with a different gender, or a sense of discomfort or distress related to one’s assigned gender.

Q: How can I support a child who is exploring their gender identity?

A

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