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Treating the Transgendered Child: The Full Court's Decision in Re Jamie [2013] FamCAFC110

(2014) 28(1) Australian Journal of Family Law 83

La Trobe Law School - Law & Justice Research Paper Series Paper No. 17-04

18 Pages Posted: 6 Mar 2017  

Fiona Kelly

La Trobe Law School

Date Written: 2014

Abstract

Over the past decade, the Family Court of Australia has been asked with increasing frequency to authorise what the authorities refer to as a ‘special medical procedure’ for the treatment of children who have been diagnosed with ‘gender identity disorder’. The Full Court of the Family Court decision in Re Jamie changed the legal landscape for Australia’s transgendered children. Applying Marion’s Case, the Full Court held that court authorisation is no longer required for stage one treatment and that stage two treatment can proceed without court authorisation provided the child is ‘Gillick competent’. The article critiques the decision in Re Jamie, arguing that it fails to fully recognise the distinction made in Re Marion between therapeutic and non-therapeutic medical treatment.

Suggested Citation

Kelly, Fiona, Treating the Transgendered Child: The Full Court's Decision in Re Jamie [2013] FamCAFC110 (2014). (2014) 28(1) Australian Journal of Family Law 83; La Trobe Law School - Law & Justice Research Paper Series Paper No. 17-04. Available at SSRN: https://ssrn.com/abstract=2922937

Fiona Kelly (Contact Author)

La Trobe Law School ( email )

La Trobe University
Bundoora, VIC 3083 3142
Australia

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