By The TCF Team
A landmark decision for children seeking medical treatment for Gender Dysphoria
The case involved an application regarding the administration of Stage 2 medical treatment (non reversible treatment) for Gender Dysphoria.
Kelvin was assigned female at birth in 2000. In 2014, Kelvin transitioned socially as a transgender person and in 2015 commenced being known by his preferred name at school.
Kelvin had started to experience female puberty which caused him significant distress. It was agreed between Kelvin’s parents and his treating medical practitioners that Stage 2 treatment was necessary for Kelvin’s ongoing psychological health and overall wellbeing.
The Full Court departed from its decision in Re: Jamie  FamCAFC 110 in relation to whether a child requires the court’s authorisation before embarking on Stage 2 treatment for Gender Dysphoria.
Re: Kelvin is now authority for the proposition that where Stage 2 treatment is proposed for a child with Gender Dysphoria, it is no longer mandatory to apply to the Family Court for a determination of whether a child is Gillick competent (meaning that the child is capable of giving informed consent) provided:
- The child consents to the treatment;
- The treating medical practitioners agree that the child is Gillick competent to give that consent; and
- The parents of the child do not object to the treatment.