Re Alex

This matter concerned an application brought by the Secretary of the Department for a declaration authorising consent to bilateral mastectomies for a child referred to as 'Alex'. The court was also asked to make orders regarding the child's name and the facilitation of identification documents.

The primary legal issue before the court was whether to grant a declaration under section 67ZC(1) and (2) of the *Family Law Act 1975* (Cth) authorising the Secretary, as the child's legal guardian, to consent to the proposed surgical procedure. Ancillary issues included authorising the use of the name 'Alex' for official purposes and dispensing with parental consent for associated administrative processes.

The court considered the evidence regarding Alex's gender dysphoria and the significant positive psychological impact the surgery was expected to have, including reducing anxiety and affirming his male gender identity. The court weighed the irreversible nature of the surgery against Alex's expressed and demonstrated commitment to living as a male, noting expert evidence that young people presenting with gender dysphoria during puberty rarely change their minds. The court also considered the practical implications of the surgery, including recovery and scarring, finding that Alex was untroubled by these aspects. The court further considered the potential negative consequences of not performing the surgery, such as further breast growth and the need for more extensive surgery later.

The court made declarations authorising the Secretary to consent to the bilateral mastectomies. It also ordered that Alex be addressed and accommodated by the name 'Alex', and that parental consent be dispensed with for various identification and travel documents, with the consent of an authorised officer of the Department being sufficient. The court extended the appointment of the Independent Children's Lawyer and requested continued funding for their role.