According to a monumental ruling, mom can agree that her transgender child has access to puberty blockers
Judge authorizes mom to give her 13-year-old transgender daughter urgent access to male puberty blockers in landmark ruling – despite dad not approving
- Queensland Supreme Court gives historic ruling on a transgender child
- The court ruled that the 13-year-old can urgently undergo puberty-blocking treatment
- Treatment can continue with the consent of mother, child, but not father, the court ruled
The mother of a 13-year-old transgender girl has been given the right to give her access to male puberty-blocking drugs without her father’s consent under a historic court ruling.
A Queensland Supreme Court judge said they were satisfied that the child, known only as ‘A’, had gender dysphoria and needed urgent access to treatment.
The court was told that both the mother and daughter agreed to medical treatment, but the father did not.
Justice Ann Lyons’ ruling is the first of its kind in Queensland, with decisions on consent to treat children with gender dysphoria that have only been taken by federal court in the past.
The court heard that ‘A’ was terrified of her deeper voice and sad about her genitals, with reports of self-mutilation.
A 13-year-old transgender girl gains access to medical treatment that blocks puberty after a historic Queensland court ruling (stock image)
The child had lived as a girl for several years, dressed in female uniforms, and took a female name when she went to public school, the court was told.
‘A’, who is diagnosed with Autism Spectrum Disorder, is now homeschooled.
The material indicates that from the age of four, ‘A’ would declare that she was something other than her male gender and began to declare that she was a girl and not a boy and that she was born in the wrong body, ‘Justice Ann Lyons said in her judgment.
“She feels uncomfortable in boys ‘clothes and prefers girls’ clothes, preferably pink.”
Justice Lyon said ‘A’ is currently being treated and supported by specialists, including psychologists, a psychiatrist and an endocrinologist at a specialist clinic.
Her treatment team recommended reversible treatment that will block her puberty as a man, Justice Lyon said.
The court heard how the mother had been estranged from the father since May 2017 because of illegal drug use and emotional, verbal and physical abuse towards her and ‘A’.
At one point, the father had to be forcibly removed from the family home by the police, the court was told.
The mother and daughter had to flee to regional Queensland, with the father not knowing their current whereabouts.
“The evidence indicates that” A “‘s father did not support” A “desire to be a woman and has said threatening and degrading things in this regard to both” A “and her mother,” Justice Lyon said.
Judge Ann Lyons (pictured) ruled it was in the 13-year-old’s best interest that the puberty blocking medical treatment should begin without any delay
Justice Lyon said that since the father had not been in contact with the family for more than three years, she was confident that there will be a significant delay in establishing his opinion on the proposed treatment.
“Postponing treatment to seek and obtain consent from A’s father is not in A’s best interest,” Judge Lyon said.
She said it is in the interest of ‘A’ that treatment should take place without delay.
The mother asked the court for permission to rush into the first phase of treatment without the father’s consent, with the hearing in December.
She asked the court to exercise her power in parens patriae jurisdiction to make a statement that the petitioner can agree to the proposed treatment and that those treating ‘A’ can act on that consent.
Justice Lyon said proposals on the handling of phase two would be best heard in the family court.
A judge in a recent Family Court decision said doctors needed the consent of both parents to treat stage one, two and three gender dysphoria.