- Court fails to uphold parents’ right to protect their child from gender “transition”, demanding they hand over documents for her legal “sex change”.
- As a 13-year-old, child said her “gender identity” was male. Parents declined “puberty blockers”. Daughter, now 16, has been living in a government shelter since April 2023 by court order.
- ADF International backs parents’ legal defence, who will seek to appeal this loss.
- Members of the public are invited to support the parents’ legal defence HERE.
Geneva (31 July 2024) – Parents separated from their daughter for objecting to her gender “transition” must hand over documents for her legal “sex change”, a Swiss court has ruled.
The highest court in the canton of Geneva – the Court of Justice – ruled against the parents, who had appealed an order to hand over the documents.
They now must do so under the threat of criminal charges. Backed by ADF International, the parents will look to appeal this loss.
The parents have been separated from their daughter, now 16, for over a year by court order, after they objected to their child’s gender “transition”, in a case that has garnered worldwide attention.
The father, speaking anonymously, reacted to the court ruling, saying: “We are deeply saddened that this nightmare situation continues.
“Not only has the state separated us from our daughter because we objected to her ‘transition,’ but we are now being threatened with criminal charges if we do not aid in her ‘legal transition’ by handing over legal documents.
“The state should not have this power. If this can happen to us, it can happen to other parents. We will not give up trying to protect our daughter and will seek to appeal this decision.”
A legal “sex change” could lead to irreversible physical interventions for the daughter, including hormone drugs and body mutilating surgery.
“The state should not have this power. If this can happen to us, it can happen to other parents. We will not give up trying to protect our daughter and will seek to appeal this decision."
A viral video of the parents explaining the case has over 1 million views on X.
Elon Musk commented on the story in two X posts, saying: “This is insane. This suicidal mind virus is spreading throughout Western Civilization.”
Dr Felix Böllmann, lead lawyer on the case for ADF International, said: “The court has committed a grave injustice in failing to recognise the fundamental rights of these parents to care for their daughter.
“They have every right to withhold their consent to a so-called ‘sex change’, given the vulnerable state of the minor concerned and that such a step could pave the way for harmful and potentially irreversible physical ‘transition’.
“The court should uphold the rights of parents acting in the best interest of their child, instead of weaponizing the law to advance dangerous ideologies that drive a wedge between parents and children and increase the likelihood of psychological and bodily harm.
“Swiss authorities should look to what is happening in the nearby UK, where the country’s High Court has just ruled that a ban on “puberty blockers” is lawful and could soon become permanent.
“Switzerland should follow the UK’s example and ultimately restore parental rights”.
Background
Full case background can be found here.
In 2021, amidst other psychological struggles, the then 13-year-old girl first said she wanted to become a boy.
The parents refused the use of puberty blockers, as they were concerned she was being pushed to make hasty and potentially irreversible decisions.
Against the explicit demand of the parents, the child was “socially transitioned” by her school, which liaised with the state child welfare agency, Service de Protection des Mineurs (SPMI), as well as with the government-funded trans activist organisation █████.
In April 2023, the daughter was separated from her parents, following a court order placing her in a government-funded youth shelter.
The court also stripped the parents of authority over medical decisions for their child, allowing her to stop the mental health care her parents had obtained for her.
The parents were sued to provide the legal documentation necessary for the daughter’s legal “sex change”.
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Judgment
Now, the Court of Justice decision confirms a lower court’s ruling that the parents must hand over documents to enable their daughter’s “sex change” under the law.
The Court of Justice based its ruling on Article 30b of the Swiss Code Civil, which stipulates that “parental consent is not required when the child capable of discernment is over 16 years of age”.
The court argued that “deciding on one’s own identity is a strictly personal right” and must therefore be granted to the daughter.
However, the defence argued the long-term health consequences of “transitioning” cannot be fully assessed by a teenager. And that the daughter’s decision-making faculties are incapacitated by her mental health struggles.
During the trial, the child welfare agency failed in its duty to raise concerns about the child’s decision-making capacity.
The court held a legal “sex change” could be considered in isolation from other “transition” measures. However, the recent Cass Review showed there is a path from “social transition” to irreversible “medical interventions”.
The parents’ right to withhold the personal documents required for her “sex change” is crucial to protect her from further harm posed by so-called “gender affirmative treatment”.
Next Steps
Supported by ADF International, the parents will seek to appeal the court ruling. They have 30 days to appeal to the Swiss Federal Supreme Court.
Please donate today to help ADF International defend the right of these parents to care for their child and to support our work to protect all children from harmful ideologies.
