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Luke Mclean has been published in the Australian Health Law Bulletin

RK Law Clerk Luke Mclean has had an article published in the Australian Health Law Bulletin titled 'From Re Jamie to Re Kelvin: access to gender dysphoria treatment for transgender adolescents'.

The article examines the Full Court of the Family Court of Australia's decision regarding approval for treatments of gender dysphoria in adolescents. 

In the case of Re Kelvin the Full Court reviewed it's previous decision of Re Jamie concerning the necessity of obtaining the Family Court's authorisation for access to stage 2 treatment for an adolescent diagnosed with gender dysphoria. A diagnosis of gender dysphoria involves meeting a specified criteria and experiencing clinically significant distress for at least 6 months. Treatment for gender dysphoria in Australia is structured into 3 distinct stages:

  • stage 1 puberty blocking treatment
  • stage 2 gender affirming hormone treatment
  • stage 3 surgical interventions.

Kelvin was assigned female at birth in 2000 and began to socially transition as transgender in 2014. Kelvin experienced anxiety and depression during the transitional period, as a result of not undergoing state 1 gender dysphoria treatment and subsequently experiencing female puberty.

In order to reach a decision, the Full Court examined previous cases and also investigated advances in modern science and technology. 

Read the full article here.

If you have any questions, please contact Michael Gorton AM on 03 9609 1505. 

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