Sex Reassignment Treatment for Minors in New Zealand: the Ability of Minors or Their Guardians to Consent

Abstract

In 2009 a 16 year old girl in Germany became the world’s youngest person to make a full transition to the opposite sex. Kim Petras, born a boy called Tim, began the sex change process, beginning hormone therapy at age 12. Kim is one of many children worldwide who suffers from transsexualism, believing, “I just ended up in the wrong body”. However, this is a very liberal approach to the availability and timing of medical treatment for the sex reassignment of minors. Internationally, the medical profession is divided in its opinions about when sex reassignment treatment should be made available to minors, if at all. Despite the extreme distress that accompanies it, some doctors believe that puberty is an essential part of a child’s development and should be permitted to take its natural course. However, there are increasing numbers of specialists who are of the opinion that early intervention is a preferable option. Pubertal suspension is now offered in the United States, the Netherlands, Norway, Germany, Canada, Belgium and Australia. The Australian Court has been the first and only court to deal with the legality of allowing minors to commence the sex change process. In Australia, sex reassignment treatment is considered to be a “special medical process” requiring the authorisation of the Court. Other countries which offer the treatment can offer it on the basis of the informed consent of the child or their guardians and not require the court’s permission. The provision of health services to the transgender community in New Zealand is limited but has been recognized as an area requiring attention. As these services are improved in New Zealand, the legality of the provision of sex reassignment treatment to minors will become an issue for determination. This paper seeks to determine the position that should be taken in New Zealand in respect of the capacity of minors or their parents to consent to sex reassignment treatment.