Should court authorisation be required for surgery on intersex children? A critique of the Family Court decision in Re Carla

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Kelly, Fiona
Smith, Malcolm
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2017
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Abstract

This case note analyses the decision of the Family Court in Re Carla (2016) 54 Fam LR 576. In that case, it was determined that court authorisation was not required for surgical intervention on an intersex child that would render them infertile. We critically analyse this decision and conclude that the decision sets a troubling precedent for future cases concerning irreversible surgical intervention on intersex children.

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Australian Journal of Family Law

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31

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2

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© 2017 Lexis Nexis Australia. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal website for access to the definitive, published version.

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Law in context

Medical and health law

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Kelly, F; Smith, M, Should court authorisation be required for surgery on intersex children? A critique of the Family Court decision in Re Carla, Australian Journal of Family Law, 2017, 31 (2), pp. 118-133

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