Re Imogen: A step in the wrong direction

& Kelly, Fiona (2021) Re Imogen: A step in the wrong direction. Australian Journal of Family Law, 34(1), pp. 31-56.

Description

A growing number of Australian transgender and gender diverse youth are seeking medical treatment for gender dysphoria. Unique legal requirements for consent to these treatments in Australia have developed through case law since 2004. These cases have defined the capacity of parents and children to consent to medical treatment and the role of the Family Court of Australia in the decision-making process. This article analyses the recent Family Court judgment in Re Imogen which imposes new and burdensome requirements for consent to treatment. The judgment is at odds with the direction of the law in the Full Court decision of Re Kelvin, which had the effect of reducingFamily Court involvement in medical treatment of transgender and gender diverse youth. The new legal requirements will almost certainly delay access to treatment for transgender and gender diverse youth in situations where parents are in conflict or where a parent is absent from a child’s life. The decision also erodes the principle of Gillick competency, treating competency in transgender and gender diverse cases as a special case.Finally, Re Imogen also creates resourcing challenges for medical professionals that will ultimately be to the detriment of transgender and gender diverse young people.

Impact and interest:

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ID Code: 210628
Item Type: Contribution to Journal (Journal Article)
Refereed: Yes
ORCID iD:
Jowett, Stephanieorcid.org/0000-0002-0009-628X
Measurements or Duration: 26 pages
Additional URLs:
Keywords: transgender youth, children's consent to medical treatment
ISSN: 0817-623X
Pure ID: 85087245
Divisions: Current > Research Centres > Australian Centre for Health Law Research
Current > QUT Faculties and Divisions > Faculty of Business & Law
Current > Schools > School of Law
Copyright Owner: Consult author(s) regarding copyright matters
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Deposited On: 31 May 2021 02:13
Last Modified: 13 Feb 2025 23:31