Legal Information Young people with transsexualism

Feedback | A-Z Index

Contact Details Site Map Page


Legal Information

About Us | Quick Reference | Information | Real Lives | Library | Publications | Other Links | Contact Us

About Us


Quick Ref

Information

Real Lives

Online Library

Publications

Other LInks

Contact Us

"Children and adolescents with transsexualism...from pre-puberty to adulthood, clearly stating their predicament and seeking help, are too often ignored and/or ridiculed; not only by their parents and family members (upon whom they rely for approval and a healthy sense of self) but by well-meaning members of the medical, psychiatric, legal and health care professions..." — Rachael Wallbank, 2004
Wallbanks is a dedicated personal relationships legal practice; specialising in family law, defacto relationships law, wills and estate litigation.

In Australia

As a result of the legal precident set in the Family Court of Australia - External linkRe Alex – Hormonal Treatment for Gender Identity Dysphoria 2004 Fam CA 297 (“Re Alex”), young people with transsexualism and their parents/guardians are now required to obtain the approval of the Family Court of Australia, before they can proceed with established nonsurgical and hormonal treatment for the condition pending surgery in adulthood.

Prior to Re Alex treatment was available based on diagnosis by medical practitioners and parental consent.

This imposes unnecessary burdens on families with regard to legal fees and a delay and unnecessary defence of the reality of the young person's transsexualism.

Losses for young people

Young people with transsexualism can live at risk of significant isolation from parents/guardians, family or care givers to affirm their innate sexual identity.

This usually results in a life crisis for the young person with transsexualism and loved ones which could be mediated or avoided. In the absence of legal, social and medical structures or support systems, there are many losses for the young person, their family and loved ones and the broader social environment.

Assistance for young people and their families

MTRA recommends parents/guardians educate themselves about transsexualism and seek assistance from experienced supportive professionals. Parents or guardians are welcome to contact us.

 

Further reading

external linkEthics and the proposed treatment for a 13-year-old with atypical gender identity, Medical Journal Australia 181 (6): 319-321. Spriggs, M.P. (2004)

pdf file 432 KB Difference on Trial: Transsexualism in Family Law and Property Relationships Litigation Wallbank, R. (2004)

pdf file 464 KB Contemporary Human Rights Issues for People with Transsexualism, Paper delivered at the Gendys conference September,2004, UK., Wallbank, R. (2004)

pdf file Gender Identity Issues, Australian Doctor 10 June: 33-40. Newman, L. (2005)

It's important to recognise that sex and gender must be treated differently. Gurney, K. (2004)

external linkRe Alex – Hormonal Treatment for Gender Identity Dysphoria 2004 Fam CA 297 (“Re Alex”) — 13 April 2004

pdf file 192 KB Twisting the Knife - Discrimination in the Law, Deakin Law Review,Vol 9 No. 2, pp 339-363, Gurney, K. (2005)

pdf file When being a boy is everything: Understanding re: Alex Gurney, K. (2005)

Why don't you tell them I'm a boy? Dillon, F. (2001)

 

The information contained on this page is not legal advice. Legal advice is dependent upon the specific circumstances of each individual. Please consult with qualified legal professionals for your personal situation.

Legal Information

click here to return to the Home page
"Resources for transition and beyond in Australia"

Copyright © FTM Australia (MTRA). all rights reserved | Webmanager - Citing this Website

page revised - 14 April 2007

top