Re: Bernadette (Special Medical Procedure)

This matter concerned an application by the father of Bernadette, a child born in January 1992, seeking final orders for the administration of medical treatment for the condition of transsexualism. The application was heard by Collier J.

The central legal issue before the court was whether to make final the interim orders previously granted, which permitted Bernadette to undergo phase one hormonal treatment to block the onset of puberty and phase two hormonal treatment, commencing on or after January 2008. The court was also required to consider the ongoing arrangements for counselling and notification of changes in medical practitioners.

Collier J reasoned that the previous orders had been made on an interim basis and that the court now had the benefit of further information and assessment. The judge considered the best interests of the child in determining whether to confirm the treatment plan. The court applied principles relating to medical treatment for minors, particularly in circumstances involving complex and sensitive conditions, and the paramountcy of the child's welfare.

The court made final the orders previously made on 7 November 2007. These orders permitted Bernadette to receive hormonal treatment for transsexualism, commencing on or after January 2008. The orders also stipulated that the father inform relevant parties of any changes in attending physicians within seven days, and that Bernadette continue to receive counselling from specified psychiatrists. All outstanding applications and cross-applications were discharged, and issues were removed from the Active Pending Cases List.