1: Re: Jamie [2013] FamCAFC 110 | November 17, 2014

Court or Tribunal: Full Court of the Family Court of Australia
Catchwords: Appeal, Gender Identity Dysphoria
Judges:  Bryant CJFinn JStrickland J


Background: The child concerned, “Jamie”, aged almost 11 years at the time of hearing, was diagnosed as having childhood gender identity disorder. At first instance, the parents were asking the court to authorise them to consent to treatment on behalf of Jamie, under the guidance of Jamie’s treating medical practitioners, for the administration of particular drugs designed to achieve suppression of certain hormones affecting the development of male features and particularly the onset of male puberty. The treatment, which occurs in two stages, comprises administration of puberty-suppressant hormones (stage one) and oestrogen (stage two), and is common to children who are diagnosed with this condition. The treatment would enable Jamie, born a male, to live in her affirmed sex as a female. 
 
  [Legal Issue]The first ground asserts that childhood gender identity disorder is not a special medical procedure which displaces the parental responsibility of the Appellants to decide upon the appropriate treatment for their child. The second ground, in the alternative, asserts that the Applicant Mother and Applicant Father be authorised to consent to the following special medical procedures on behalf of their child, ... (“Jamie”), being (i) he administration of puberty suppressant hormones, and (ii) additional treatment of oestrogen as may be considered appropriate by Jamie’s treating Endocrinologist.   [Court Orders]The appeal be allowed. Order 1 of the orders made by the Honourable Justice Dessau on 28 March 2011 be set aside. There be no order for costs.     


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2: RE: Baby D (NO. 2) [2011] FamCA 17 | March 16, 2011

Court or Tribunal: Full Court of the Family Court of Australia
Catchwords: Amicus Curiae, Children, Medical, Parental Responsibility, Premature Infants, Special Medical Procedure
Judges:  Young J


Background:  
 
  [Legal Issue]   [Court Orders]The judge concluded that any treatment decision was up to baby D’s parents in conjunction with the doctors, and that no criminal sanctions would apply if death came as a result. As a result, Baby D’s parents are permitted to authorise the removal of the child's ventilation tube, leading to the child's death.     


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3: Children, Youth & Women’s Health Sevices Inc v YJL, MHL AND TL (by his next friend) | June 4, 2010

Court or Tribunal: Supreme Court of South Australia
Catchwords: Blood Transfusions, Cancer, Medical, Parens Patriae, Parental Responsibility, Parental Rights, Religious Beliefs, Special Medical Procedure
Judges:  White J


Background: A 10 year-old South Australian boy was suffering from an aggressive form of cancer that doctors feared would spread throughout his entire body if not treated with an intense 39-week regime of chemotherapy and surgery. The speed of that process would not have allow his blood cells time to regenerate, require blood transfusions so that the chemotherapy can continue to be effective. In a statement read to the court, the boy said transfusions carried spiritual consequences. "The doctors have told me I might die and I don't want to - but I don't want blood," he said. "The blood will change me... when you take blood, you are taking someone else's life. "I really don't want this and my heart is ripping apart." On May 10, doctors discovered a tumour in his left leg. The boy co 
 
  [Legal Issue]The hospital asked the Supreme Court of South Australia to invoke its power of parens patriae, allowing it to look after those incapable of looking after themselves, in order to rule on behalf of the child in this dilemma between religious beliefs and the very real risk of death if a blood transfusion was not permitted, despite the child's parents objections to the blood transfusion.   [Court Orders]In a South Australian legal first, the Supreme Court gave the Women's and Children's Hospital the right to give a 10-year-old boy - a member of the Jehovah's Witness faith - transfusions as part of his cancer treatment, despite the objections from the boy's family. The decision, in line with similar rulings from around the world, paves the way for hospitals to take action in future debates with religious parents.     


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