Legal Information Considerations for Legislators regarding Genital Affirmation Surgery

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Summary

  1. The term "sex affirmation" (formerly called "sex reassignment") and procedures have significant difference for men (identified female at birth) than for women (identified male at birth).
  2. Genital reconstructive surgery (GRS) for women (who were identified male at birth) is often a single procedure with a successful outcome, performed competently by a number of surgeons in Australia. Genital reconstructive surgery for men (identified female at birth) are multiple surgeries, high risk to health and high risk of failure, expensive, performed by few surgeons in Australia.
  3. The Health Insurance Commission of Australia recognises the hazards associated with female-to-male genital reconstructive surgery and does not insist that a man have imitative surgeries such as phalloplasty or metoidioplasty surgeries completed as prerequisite to amending Medicare records.
  4. Australian Federal Case Re Kevin : Validity of Marriage of Transsexual (2001) FamCA 1074 and (2001) FLC 93-087), established imitative genital reconstructive surgery is not required for men identified female at birth, to be legally accorded all the rights and responsibilities of men identified male at birth.

Sex Affirmation Treatment process for men

1. The single most effective sex affirmation treatment for men is an intramuscular injection of 200-250mL of testosterone once every 14-21 days (Gooren, Louis J. G., 1999; Asscheman and Gooren, 1992; Meyer et al., 1986).

2. Testosterone hormone treatment, within a relatively short period of time (12 months or less) ushers in a number of visible, irreversible male secondary sexual characteristics. For these men, this is a lifelong maintenance treatment (Asscheman and Gooren, 1992).

3. The most effective sex affirmation surgical procedure for men is chest reconstructive surgery (HBIGDA, SOC 6, 2001). While somewhat similar to mastectomy, it is fundamentally different in a number of ways from the routine mastectomy procedure.

4. The technique for a contoured, masculine-shaped chest requires a skilled surgeon, time off work and active physical exertion and financial resources to facilitate an acceptable outcome. The vast majority of men plan for and undergo this aspect of sex affirmation treatment.

Sex Affirmation Lower Surgeries for men

Remaining surgical procedures are located in the lower half of the abdomen - hence the term lower surgeries.

5. Hysterectomy or oopherectomy is the only lower surgical sex affirmation procedure currently required by law for men in Australia (to correct their birth certifcate). Given the widespread practice and surgical skill available in Australia and desire by many men have these female reproductive organs removed, it appears to be a reasonable demand. Concurrently, men in Australia often receive advice from their healthcare professionals to retain these native organs, because so little is known about the long-term effects of removal.

6. Genital reconstructive surgeries for men are a series of distinct multiple surgical procedures, with several separate stages of surgery requiring multiple admissions to hospital; considerable health resources and financial resources (between $US30,000 and $US150,000); are fraught with frequent technical difficulties such as fissures, strictures and stone formation (Ralph, 1999), which often require additional operations.

7. Professor Stephen Whittle, Coordinator of the FTM UK Network for over 20 years, advises that while "many FTMs can achieve quite masculine features through hormone therapy and a bilateral mastectomy, current best medical practice recommends that they do not undergo genital surgery." (Whittle, 1998).

8. Rachlin's 1999 study, Factors which influence Individuals' Decisions when Considering Female-to-Male Genital Reconstructive Surgery, found "none of the individuals in the transsexual group rejected surgical options because they were satisfied with their own body. They wanted male genitals, if only they were attainable".

9. The Australian Commonwealth Government Health Insurance Commission has already advised that the "…HIC does recognise the hazards associated with female to male gender reassignment and would not insist that a person have this type of surgery completed as a prerequisite to amending Medicare records." (Correspondence from the Health Insurance Commission to the Men's Australian Network, 1 May 2000).

10. The Harry Benjamin Standards of Care advise practitioners and surgeons that phalloplasty procedures require "several separate stages of surgery and frequent technical difficulties which may require additional operations…The plethora of techniques for penis construction indicates that further technical development is necessary."(HBIGDA, Version 6, February 2001).

Risks of Genital reconstructive surgery for men

Genital Reconstructive surgeries:

  • are extremely expensive;
  • vary in number often requiring upward of six to eight hospital inpatient stays (for phalloplasty), and in some cases upward of 15 or 16 hospital stays of anywhere up to three to four weeks each and ultimately may take upwards of two to three years to complete if successful;
  • can result in incontinence and considerable, ongoing pain;
  • can be debilitating and result in catastrophic failure;
  • often leave multiple scaring;
  • can result in result in tremendous social cost (such as losing employment) and social isolation (from families and social support networks);
  • should the surgical procedures fail, men suffer severe depressive illnesses as a result of undertaking the process (Whittle, 1998);
  • when they fail are not limited to sexual inability but also broader health problems. As Professor Stephen Whittle states "Of those few network members who have pursued such surgery, nearly all are now disabled for life and will never work again." (1998);
  • are "not recommended by any of the leading physicians in the field." (Whittle, 1998).

Despite all these issues, successful genital reconstructive surgery for men is strongly rehabilitative: enabling them the ability to stand to void, negating fear of discovery, and offering a secure sense of completion (Huntersmith, 2001).

As Dr Huntersmith (2001) says "There appears to be no doubt that surgery for female-to-male transsexuals can be extremely beneficial. I often see an amazing change in behaviour and mood after successful surgery. Not only are our patients reassured to find that there are people willing to help them, they also show dramatic improvement both physically and psychologically from the effects of surgery."

Such enormous risks coupled alongside coextensive benefits, genital reconstructive surgeries must remain a personal, private decision made individually without legislative duress.

In Conclusion

In cases where surgery fails or where health diminishes due repeated anaesthetic and surgical procedures, men become vulnerable to discrimination and abuse, and are compelled to suffer under burdens of secrecy, shame and considerable pain.

Implications are far-reaching when legislators compel these men to risk their lives and support of their families to undergo the highly problematic and health-threatening procedures associated with imitative sex affirmation treatment.

Given the extraordinary complexities and expenses, including the high risks of complications and failure of these surgeries, legislators are urged to consider carefully the implications of discrimination and abuse of reasonable human rights for these men when imposing imitative sex affirmation surgeries as requirement for correction of the birth certificate.

 References

  • Asscheman H, and Gooren, LJG. (1992) Hormone treatment in transsexuals. Journal of Psychology & Human Sexuality, 5, 39-54.
  • Re Kevin (Validity of Marriage of Transsexual) [2001] FamCA 1074 (12 October 2001). [online]. Sydney, Australia. Available from: http://www.austlii.edu.au/au/cases/cth/family_ct/2001/1074.html [Accessed 24 March 2003].
  • Gooren, Louis J. G. (1999) Hormonal Sex Reassignment. International Journal of Transgenderism, 3, 3.
  • Harry Benjamin International Gender Dysphoria Association. (n.d./2001). The standards of care: The hormonal and surgical sex reassignment of gender dysphoric persons. [online]. Minneapolis, USA. Available from: http://www.hbigda.org/ [Accessed 1 March 2003].
  • Health Insurance Commission in correspondence to the Men's Australian Network, 1 May 2000
  • Huntersmith, D. (2001). Reassignment Surgery for our men. Torque, 1(2), November 2001. http://www.mtra.org.au/library/01/huntersmith.html [Accessed 24 June 2006].
  • Rachlin, K. (1999) Factors Which Influence Individual’s Decisions When Considering Female-To-Male Genital Reconstructive Surgery [online]. International Journal of Transgenderism, 3,3. Available from: http://www.symposion.com/ijt/ijt990302.htm [Accessed 1 March 2003].
  • Ralph, D. J. (1999) Urethral Complications in Phalloplasty. Boys' Own, 30, 16-18.
  • Whittle, Stephen (1997) Supporting Statement for Mr Dale Altrows to the Canadian Jurisdiction of Montreal, Quebec, Canada.
  • Whittle, Stephen (1998) Response to DfEE Consultation Paper on Legislation Regarding Discrimination On Grounds Of Transsexualism In Employment, United Kingdom.

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