Re: Ryan

In the matter of *Re: Ryan*, Cleary J of the Family Court of Australia considered the competency of a minor, Ryan, to consent to medical treatment for gender dysphoria. The dispute concerned Ryan's capacity to consent to "Top" surgery, also known as bilateral mastectomy with nipple reconstruction surgery.

The central legal issue before the Court was whether Ryan, a person born in 2002, possessed the legal capacity to consent to the proposed medical treatment for his gender dysphoria. This required the Court to assess the maturity and understanding of the minor in relation to the nature and consequences of the medical intervention.

Cleary J applied the principles established in cases concerning the capacity of minors to consent to medical treatment, particularly the "Gillick competence" test, which assesses whether a minor under 16 years of age has sufficient understanding and intelligence to understand fully what is proposed. The Court considered evidence regarding Ryan's understanding of his condition, the proposed surgery, its risks, benefits, and alternatives. Having been satisfied that Ryan had the requisite maturity and understanding, the Court declared that he was competent to consent to the administration of the Phrase 3 treatment.

The Court made orders declaring Ryan's competency to consent to the surgery. Crucially, the Court also issued extensive non-publication orders to protect Ryan's identity, prohibiting the publication of any identifying details and restricting access to the court file without judicial leave. These orders were to remain in effect until Ryan reached the age of 18, and undertakings given by the parties were extended accordingly.