A court in Australia says hormone treatment no longer needs court permission
In a big legal change, the Family Court of Australia has decided that young transgender people no longer need court approval to start Stage 2 hormone treatment.
This means that as long as there is no disagreement between doctors or parents, a transgender child or teen can begin treatment without going to court.
👦 Who Is Kelvin?
The case that changed the law
Kelvin was born female but identified as male from the age of 9.
By the time he was 17, he had been seeing a psychologist, a psychiatrist, and an endocrinologist.
All his doctors agreed: Kelvin had gender dysphoria and needed Stage 2 hormone treatment (like testosterone).
His father asked the Family Court in 2017 to allow Kelvin to start the treatment. Everyone—Kelvin, his parents, and his doctors—agreed it was the right decision.
💉 What Are Stage 1 and Stage 2 Treatments?
Understanding the medical process
- Stage 1 (Puberty Blockers): These are medicines that stop puberty from starting. Since 2013, young people in Australia can take these without court permission.
- Stage 2 (Cross-sex Hormones): These are stronger treatments like estrogen or testosterone. They cause physical changes that are mostly permanent.
Before this case, the court said kids must get permission for Stage 2 treatment.
But this process could take up to 8 months, causing many young people to feel worse—emotionally and mentally.
Families also had to pay high legal fees, and doctors had to spend time writing court reports instead of giving medical care.
⚖️ What Did the Court Decide?
Time to update the law to match modern medicine
The judges had to decide:
Should we keep the old rule from a case called Re Jamie (2013), which said kids need court permission for Stage 2 treatment?
Most judges said:
No need to overrule Re Jamie completely—but:
We need to move on and accept that medicine has changed.
They agreed that:
- Court permission is not needed if the child can understand and agree (this is called “Gillick competence”).
- Even if the child is too young to decide, court is not needed if the parents and doctors all agree.
- But court is still needed if the child is under government care, or if there is a serious disagreement between parents or doctors.
📚 What Is Marion’s Case and Why Does It Matter?
A case from 1992 about medical consent
The judges looked at a past case called Marion’s Case, which was about sterilising a young girl with a disability. That case said some medical decisions need court approval, especially if they are not medically necessary.
In Kelvin’s case, the majority of judges said Stage 2 hormone treatment is medically necessary for young people with gender dysphoria.
So the same rules don’t apply.
Final Thoughts: A More Compassionate and Modern Approach
Letting medical experts and families decide
The judges said that treating gender dysphoria early helps young people feel better and reduces risk of depression and self-harm.
They also said the law must keep up with science.
Doctors now know much more about the importance of starting treatment early.
In the end, both the majority and minority judges agreed on one thing:
If a young person understands the risks and benefits, they can choose treatment without going to court.
Before this decision, Australia was the only country in the world where trans youth had to get permission from a judge to start this type of treatment. Many doctors, parents, and activists had criticized this rule, saying it caused mental health problems and delays in care.
