Performing sex-assignment surgery on intersex children may become criminalised under new laws proposed in Tasmania.
Gender normalisation surgery is performed on babies and children who are born intersex to assign them a clearer sex.
Under the current law, doctors are able to perform this surgery on children without their consent as long as they have parental consent.
Proposals put forward by the Tasmania Law Reform Institute (TLRI) would make surgically altering an intersex child’s sex without their consent a criminal act.
The change was put forward in the TLRI Issues Paper, which also looked into the laws passed in April that removed the need for gender to be stated on birth certificates.
The Tasmanian Government has asked the institute to give its advice on consent surrounding intersex surgery for children.
It is estimated around 0.05 per cent of babies born in Australia each year either have conflicting sex organs or none at all.
Nearly 80 per cent of doctors preferred this sex-assignment surgery to be performed before the child was two years old, according to a 2013 senate inquiry.
The TLRI said this non-consensual medical procedure often resulted in long-term adverse physical and mental impacts and was a big concern for the intersex community.
Co-author of the paper, Dylan Richards, said there was a growing push for more laws to recognise and protect intersex people.
“There are increasing calls from international bodies for legislation to protect the rights and dignities of intersex children,” Mr Richards said.
“The institute is keen to hear from medical professionals and the broader community about how to deal with this complex issue.”
The TLRI has also suggested a specialist tribunal be established to oversee any surgeries being performed on an intersex child other than in an emergency situation.
Under the proposal, civil claims would also be allowed to be lodged against doctors who performed the gender normalisation surgery.
Community feedback on the issues paper is available until August 20.