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Intersex child get penis cut off: sues state

 
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    Posted: Aug 31 2013 at 7:39pm

Parents of Intersex Child Sue Over 'Unnecessary' Surgery

Southern Poverty Law Center touts lawsuit that could have major impact


By Steven Nelson


A South Carolina couple is suing the state's Department of Social Services, a hospital, a medical school and individual hospital employees, alleging that a "medically unnecessary" genital removal surgery violated their adopted intersex child's constitutional rights.

Mark and Pam Crawford say that their child, identified as M.C., is now 8 years old and chooses to identify as a boy, despite doctors deciding that M.C. should be a girl at 16 months old. The couple say that they chose to adopt M.C., who was in state custody at the time of adoption, knowing about the intersex condition.

"The first thought that I had was, lets make sure they don't do the surgery," Pam Crawford said in an audio recording posted to YouTube. Crawford said the surgery happened about three months before the adoption.


"I was really sad that that decision had been made for him," she said. "It's become more and more difficult as his identity has become more clearly male. The idea that mutilation was done to him has become more and more real. There was no medical reason that this decision had to be made at that time."

The Southern Poverty Law Center is spearheading the lawsuit, along with the group Advocates for Informed Choice and pro bono attorneys.

"Although long-term outcomes of today's genital surgeries in children have not been well-studied, many doctors and advocates recommend that children with intersex conditions be assigned a gender at birth, but postpone any unnecessary surgery until they are old enough to self-identify with a gender and make their own decisions about their bodies," Advocates for Informed Choice, a group that represents intersex people, said in a press release.



Prince, princess, neither? South Carolina parents say their intersex child was deprived of the opportunity to choose.

A South Carolina couple is suing the state's Department of Social Services, a hospital, a medical school and individual hospital employees, alleging that a "medically unnecessary" genital removal surgery violated their adopted intersex child's constitutional rights.

Mark and Pam Crawford say that their child, identified as M.C., is now 8 years old and chooses to identify as a boy, despite doctors deciding that M.C. should be a girl at 16 months old. The couple say that they chose to adopt M.C., who was in state custody at the time of adoption, knowing about the intersex condition.

"The first thought that I had was, lets make sure they don't do the surgery," Pam Crawford said in an audio recording posted to YouTube. Crawford said the surgery happened about three months before the adoption.


"I was really sad that that decision had been made for him," she said. "It's become more and more difficult as his identity has become more clearly male. The idea that mutilation was done to him has become more and more real. There was no medical reason that this decision had to be made at that time."

The Southern Poverty Law Center is spearheading the lawsuit, along with the group Advocates for Informed Choice and pro bono attorneys.

"Although long-term outcomes of today's genital surgeries in children have not been well-studied, many doctors and advocates recommend that children with intersex conditions be assigned a gender at birth, but postpone any unnecessary surgery until they are old enough to self-identify with a gender and make their own decisions about their bodies," Advocates for Informed Choice, a group that represents intersex people, said in a press release.

The SPLC said in a Tuesday statement that M.C.'s constitutional right to due process was violated by doctors performing the surgery "without notice or a hearing to determine whether the procedure was in M.C.'s best interest."

"This case is about ensuring the safety of all children who do not have a voice," said SPLC attorney Alesdair Ittelson in the release. "No one advocated for M.C.'s right to be free from unnecessary medical intervention at a time when the state was entrusted with his safety and well-being. It is high time all involved answer for the needless injury they inflicted on M.C."

The Medical University of South Carolina and the Greenville Hospital System committed medical malpractice and the state's social services department is liable for gross negligence, the attorneys argued in the lawsuit filed Tuesday.

According to the Intersex Society of North America, research suggests that approximately one percent of people are born with bodies that "differ from standard male or female."




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Fraiche2Death View Drop Down
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Post Options Post Options   Thanks (1) Thanks(1)   Quote Fraiche2Death Quote  Post ReplyReply Direct Link To This Post Posted: Aug 31 2013 at 7:47pm
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Post Options Post Options   Thanks (3) Thanks(3)   Quote yurika975 Quote  Post ReplyReply Direct Link To This Post Posted: Aug 31 2013 at 8:02pm
Wow....that is just upsetting. I think that should have been their decision especially since they were willing to adopt the child. Not to mention if the parents decided to do it it would have been on their dime, not the states. They are forever going out of their way on things that don't concern them. And could care less about what is really in their domain....
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Post Options Post Options   Thanks (2) Thanks(2)   Quote msjaim2 Quote  Post ReplyReply Direct Link To This Post Posted: Aug 31 2013 at 8:18pm
how in the does sh*t like this happen..that poor child. 
This just made my heart heavy
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Post Options Post Options   Thanks (2) Thanks(2)   Quote QueenBee Quote  Post ReplyReply Direct Link To This Post Posted: Aug 31 2013 at 8:37pm
 Seems his parents are nurturing and understanding that if he decides later in life to live as a male, have sex change they will support him.
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Post Options Post Options   Thanks (1) Thanks(1)   Quote bindy Quote  Post ReplyReply Direct Link To This Post Posted: Aug 31 2013 at 9:08pm
ugh.....
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Post Options Post Options   Thanks (1) Thanks(1)   Quote Lonisha87 Quote  Post ReplyReply Direct Link To This Post Posted: Aug 31 2013 at 10:35pm
The state was irresponsible. They should've let him wait until he was older to let him make the decision. I feel for them
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Post Options Post Options   Thanks (1) Thanks(1)   Quote Anah Quote  Post ReplyReply Direct Link To This Post Posted: Aug 31 2013 at 11:17pm
Unhappy
They had no FNG right!
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Post Options Post Options   Thanks (1) Thanks(1)   Quote Midna Quote  Post ReplyReply Direct Link To This Post Posted: Aug 31 2013 at 11:32pm
That hospital altered their child's genitalia without their consent? GET MONEY. MAKE THEM PAY.

How dare they, that is just WRONG. And my love to those parents for being so doting and open about their child's intersexuality. Some parents out there would treat the child like a freak and even ostracize the poor dear.
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Post Options Post Options   Thanks (2) Thanks(2)   Quote CLCNY20 Quote  Post ReplyReply Direct Link To This Post Posted: Aug 31 2013 at 11:39pm
I am so lost on this...intersex??
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