Re: Shane (Gender Dysphoria)

Case

[2013] FamCA 864

5 November 2013


Details
AGLC Case Decision Date
RE: SHANE (GENDER DYSPHORIA) [2013] FamCA 864 [2013] FamCA 864 5 November 2013

CaseChat Overview and Summary

This matter concerned an application brought by the parents of a child, referred to as Shane, who was born in 1997 and had undergone a gender transition. The dispute centred on the parents' authority to consent to medical treatment for Shane.

The primary legal issue before the court was whether Shane's parents could lawfully consent to the administration of intramuscular testosterone enanthate, described as "Stage 2 treatment," for Shane. This required the court to consider the legal framework governing medical treatment for a child experiencing gender dysphoria, particularly in relation to parental consent.

Murphy J determined that the parents were authorised to consent to the administration of testosterone enanthate, subject to the guidance and determination of Shane's treating medical practitioners, including his endocrinologist and psychiatrist. The court also made extensive orders to protect Shane's privacy, prohibiting the publication of identifying details and restricting access to the court file. These orders were made to safeguard Shane, with a specific provision allowing for the publication of anonymised reasons to treating medical practitioners, to the extent not already authorised by exceptions in the *Family Law Act 1975* (Cth).
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Consent

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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Most Recent Citation
Re: Dylan [2014] FamCA 969

Cases Citing This Decision

4

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Re: Addison (No. 2) [2021] FamCA 582
Re: Addison [2021] FamCA 253
Cases Cited

6

Statutory Material Cited

7

Re: Jamie [2013] FamCAFC 110
Re Lucy (Gender Dysphoria) [2013] FamCA 518