Re: Darcey

In the matter of Re: Darcey, Foster J of the Family Court of Australia considered an application by the child's mother concerning her 16-year-old child, who was born male and identifies as female. The primary dispute involved the child's capacity to consent to Stage 2 hormone therapy for Gender Dysphoria, with the applicant mother seeking a declaration of the child's competence to authorise this treatment. The father had no contact with the child, and the proceedings were conducted on an undefended basis.

The court was required to determine whether the child possessed the requisite capacity to consent to Stage 2 oestrogen therapy, a question that engaged the principles of *Gillick* competence. Additionally, the court considered an application for an order to formally change the child's registered name, a change that had already been informally adopted by the child at school.

Foster J applied the principles of *Gillick* competence, assessing the child's maturity, intelligence, and understanding of the proposed medical treatment. The court noted that the Independent Children's Lawyer and the child's treating doctors supported the application. Having found the child to be *Gillick* competent to consent to Stage 2 oestrogen treatment, the court made a declaration to that effect. The court also granted the application to change the child's name, making orders for the formal registration of the new name. The judgment included extensive orders for anonymisation to protect the child's privacy.