In California unveiled a bill under which doctors in the state will be forbidden to carry out surgery, if the child is born with genitalsthat do not match to any floor if it is not medically necessary or the child’s consent.
«We believe that the people themselves should make decisions about their own bodies, — said the Senator-Democrat Scott Wiener of San Francisco, the author of the bill. In California, we firmly believe that people are what they are, and that we should not tell others what they should be.»
Doctors have said that the bill could «go too far in limiting the treatment of patients». The California medical Association has not released any official comments about the bill, but expressed its «very serious concerns». The main cause of concern is that the bill does not define when the child is considered old enough to consent to surgery.
The bill is aimed at minors intersex persons, defined as persons born with atypical physical sex characteristics.
InterACT is a non-profit organization working on the empowerment for intersex children, claims that less than 2% of the US population have some type of intersex characteristics. According to estimates Kimberly Zibelman, Executive Director of the group, during surgery may incorrectly determine the preferred gender of the child or leave scars, which can affect fertility in the future.
According to bill Viner, if the doctor thinks surgery is necessary from a medical point of view, he or she will need parental consent. If treatment is required, the doctor and parents will have to wait until the child is old enough to give consent to the operation.
The bill does not specify when a minor can consent. Representatives of Wiener argue that this will rely on the principles already existing in state law and determine when a child can consent to medical procedures.
Under the bill, doctors cannot be prosecuted if they violate the law, but can be punished by the medical Commission of the state.
