Irreversible sex affirmation procedures

In 2001, legal precedent was set (‘the Re Kevin decisions’) that genital reconstructive surgery (ie., phalloplasty, metoidioplasty etc) is not required for legal male recognition. In fact these surgeries were referred as ‘imitative’ surgery in the court cases. 

‘the Re Kevin decisions’: Validity of Marriage of Transsexual [2001] FamCA 1074 (‘Re Kevin’) and The Attorney-General for the Commonwealth v “Kevin and Jennifer” and Human Rights and Equal Opportunity Commission [2003] FamCA 94 (‘Re Kevin-Full Court’).

‘The Re Kevin decisions’ concluded:

“Sex affirmation surgery does not have to meet any predetermined standards of either appearance or function in order to be considered ‘successful’ or to have occurred. The purpose of sex affirmation treatment (and sex affirmation surgery) is rehabilitative and for the benefit of the individual or subject, rather than imitative and for the benefit of the culture or observer.”
Wallbank R (2004). ReKevin in perspective, Deakin Law Review, 22.

Irreversible sex affirmation procedures mean a total hysterectomy and oophorectomy is sufficient (ie.,you are unable to function reproductively as the original sex).

page updated 9 June 2011