2004 Fam CA 297 ("Re Alex")

The Australian Socio-legal foundations for transgender youth were recently established in this case (2004 Fam CA 297, "Re Alex"). Re Alex examined the rights of a 13 year old (born female) to take hormonal treatment to facilitate “becoming” male. The courts gave the alias of Alex to ensure protection. Debate emerged over if it was the body or the mind that required treatment.

The case
An application was made concerning a 13 year old referred to as "Alex" (to ensure anonymity). The key issue was whether the courts should authorize medical treatment involving the administration of hormonal therapies to begin a sex change procedure on Alex. This was a landmark case in Australia for transgender youth rights setting precedent in Australia and the world.

At birth and at the time of the case Alex was in the eyes of the law a girl. Alex was diagnosed with gender identity dysphoria meaning [he] has had a longstanding wish to undergo a transition to become male in appearance.

The decision
Chief Justice Nicholson ruled as follows:
 * Allow Alex to change gender and name written on birth certificate.
 * Allow Alex to be administered hormone treatment until [he] reaches 18 years old. At 18 Alex is free by law to make this decision without permission of the court.
 * Allow Alex to enroll in school under a male name.