Ignore the wishes of transgender kids’ parents, say psychologists

Psychologists says kids under 16 should be allowed to have trans surgery against parent wishes.

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Children under 16 should be allowed to go ahead with irreversible transgender surgery against the wishes of both parents and without mandatory counselling, the Australian Psychological ­Society says.

As recently as last year, Family Court approval was needed for this surgery, notwithstanding ­parents and doctors all agreeing it would help an under-age ­patient suffering psychological distress about “being born in the wrong body”.

In an unpublished law reform submission, the peak body representing 24,000 psychologists says opposition of both parents should not stand in the way of a child under 16 consenting to surgery, such as a double mastectomy, as long as the doctors are “competent” in assessing the child’s cap­acity to make decisions.

The APS was answering questions raised by the Tasmanian Law Reform Institute, which is ­reviewing that state’s law allowing those aged 16 and older to overwrite the biological sex on their birth certificate with myriad gender identities.

The largest professional body for psychologists dismisses man­datory counselling before surgery as often “an unnecessary burden”, saying it is likely these gender-­diverse children will already have had “considerable medical oversight”.

It says children seeking trans medical treatment against the wishes of parents or guardians face “a significant barrier” because they cannot initiate court action for approval.

It suggests giving hospitals the right to petition courts, “advocacy” to win over parents or legal advice for minors so they can authorise their own treatment.

A paediatrician with more than two decades’ experience said the brain’s frontal lobe, crucial to complex decision-making, does not reach maturity until about the age of 25. “(Young) people are making life-changing decisions about their bodies before their brains and cognitive function have fully matured,” he said, speaking anonymously because his work would expose him to abuse and harassment by transgender activists.

• Mobile users: click here to read the APS submission

In the March 2018 case of Re Matthew, a 16-year-old female seeking a double mastectomy to feel and look more like a boy, the Family Court narrowed its supervisory role of trans treatment ­decisions with minors, so its ­approval is needed only if there is conflict between parents and ­clinicians. A handful of cases authorising double mastectomies for biological females under 18 — two were 15-year-olds — has been identified by Western Sydney University professor of paediatrics John Whitehall, who, with the backing of 260 other doctors, is calling for a federal parliamentary inquiry into trans medical treatment of children.

Clinicians in several countries have raised the alarm about a surge in teenage girls, with no history of confusion about their sex, suddenly declaring themselves transgender and pleading with parents for access to cross-sex hormones, which come with side-effects such as infertility.

The Family Court database cannot give a total, by-sex breakdown or outcome for the under-18 surgery cases it has handled, a spokeswoman said.

The nationwide trend in transgender operations for young ­people under 25 is unknown.

In a January case involving a father opposed to so-called “top surgery” for his 17-year-old daughter, who identifies as a trans boy, an unnamed psychiatrist testified the surgery would reduce “his psychological pain, as his breasts are a prominent reminder of his female gender”.

The APS submission was co-written by policy officer Harrier Radermacher and Flinders University gender specialist Damien Riggs. The Australian sought comment from the APS and Health Minister Greg Hunt.