Gender-affirming surgery for transgender Adolescents: Ethical and legal considerations. 2023

Simona Giordano, and Ed Horowicz
Centre for Social Ethics and Policy (CSEP), School of Social Sciences, The University of Manchester, Oxford Road, Manchester M13 9PL, UK. Electronic address: simona.giordano@manchester.ac.uk.

In this paper, we consider the ethico-legal issues surrounding gender-affirming surgeries in minors, with a specific focus on English law. First, we outline and discuss the current clinical guidelines on genital surgery for minors with gender incongruence/dysphoria. Second, we consider the recent legal developments following R (on the application of) Quincy Bell and A v Tavistock and Portman NHS Trust and others, and we discuss how these might impact the ability of doctors to agree to surgical procedures when their patients are still minors. Finally, we explain why the removal of the adulthood threshold is justified. However, we argue that surgical interventions should remain differentiated from fully reversible interventions, and that clear guidance on eligibility criteria for genital surgery is needed from clinical guidelines, which, in consideration of the legal, professional and regulatory framework in which clinicians work, can provide needed reassurance regarding when it is in the best interests of competent young people to be considered suitable candidates for genital surgery.

UI MeSH Term Description Entries
D006801 Humans Members of the species Homo sapiens. Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man
D000068116 Gender Dysphoria A marked difference between the individual’s expressed/experienced gender and the gender others would assign to the individual, and it must continue for at least six months. (from DSM-5) Gender Identity Disorder,Disorder, Gender Identity,Gender Identity Disorders,Identity Disorder, Gender
D000293 Adolescent A person 13 to 18 years of age. Adolescence,Youth,Adolescents,Adolescents, Female,Adolescents, Male,Teenagers,Teens,Adolescent, Female,Adolescent, Male,Female Adolescent,Female Adolescents,Male Adolescent,Male Adolescents,Teen,Teenager,Youths
D000328 Adult A person having attained full growth or maturity. Adults are of 19 through 44 years of age. For a person between 19 and 24 years of age, YOUNG ADULT is available. Adults
D014189 Transsexualism Expression of a GENDER IDENTITY inconsistent with, or not culturally-associated with the gender assigned to an individual at birth, combined with the desire to permanently transition to the gender with which they identify. Gender Fluidity,Transexualism,Transgenderism,Fluidity, Gender,Gender Fluidities,Transexualisms
D057830 Sex Reassignment Surgery Surgical procedure(s) by which a person's physical appearance and functional abilities are changed to align with their identified gender. Gender-Affirming Surgery,Gender Change Surgery,Gender Confirmation Surgery,Gender Reassignment Surgery,Sex Change Surgery,Confirmation Surgery, Gender,Gender Affirming Surgery,Gender Change Surgeries,Gender Confirmation Surgeries,Gender Reassignment Surgeries,Gender-Affirming Surgeries,Sex Change Surgeries,Sex Reassignment Surgeries,Surgeries, Gender-Affirming,Surgery, Gender-Affirming
D063106 Transgender Persons Persons having a sense of persistent identification with, and expression of, gender-coded behaviors not typically associated with one's anatomical sex at birth, with or without a desire to undergo SEX REASSIGNMENT PROCEDURES. Trans-Feminine Persons,Trans-Masculine Persons,Transfeminine Persons,Transgendered Persons,Transmasculine Persons,Transexuals,Transgenders,Transsexual Persons,Two-Spirit Persons,Person, Trans-Feminine,Person, Trans-Masculine,Person, Transfeminine,Person, Transgender,Person, Transgendered,Person, Transmasculine,Person, Transsexual,Person, Two-Spirit,Trans Feminine Persons,Trans Masculine Persons,Trans-Feminine Person,Trans-Masculine Person,Transexual,Transfeminine Person,Transgender,Transgender Person,Transgendered Person,Transmasculine Person,Transsexual Person,Two Spirit Persons,Two-Spirit Person

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