Medical and legal aspects of treating ambiguous genitalia

Abstract

Treatment of ambiguous genitalia has reached high standards. Damage caused by the anomaly can be reduced significantly or eliminated. In a well-defined minority definite early sex assignment is not possible but preliminary, and surgical genital correction therefore is delayed. Poor results and continuous misunderstandings regarding the nature of intersex caused strong opposition from activist groups against all forms of early diagnosis, sex assignment and surgical treatment. Supported by psychologists and the media, jurisdictional actions are underway trying to change the law and prevent parents from allowing treatment of their children. In addition, institution of a moratorium has been requested to stop genital surgery on children and to establish a third sex of hermaphrodites. All this led to irritations and insecurity concerning treatment and legal risk.Analysis of the current medical situation and the laws concerning the subject reveal that there is no alternative to early sex assignment and treatment, with the exemption of a very small, but defined group. At this moment, there is no realistic legal possibility to remove the right from parents to decide for their children, create a new sex and solve problems of intersex patients by pushing them into"hermaphroditism". This would be a decision against their and their parents' will, in a society which is based on male and female gender.

Negotiating intersex: A case for revising the theory of social diagnosis

“…For intersex children, however, critics argue that the evidence does not conclusively support either of these two caveats, creating a “categorical conflict” (Uslan, 2010). This has led some patient advocacy groups to seek injunctions against parents seeking genital surgery for their children (Warne and Mann, 2011; Westenfelder, 2011). Colombia and Malta have already instituted laws against performing genital surgery before a child is able to provide consent, except in extraordinary circumstances (Greenberg and Chase, 1999; OII Europe, 2015).…”