Georgetown Law Journal
November, 2003
Westlaw ©2003 cite as 92 GEO L.J. 129 reprinted with permission of the author

Note

*129 WHO DECIDES? GENITAL-NORMALIZING SURGERY ON INTERSEXED INFANTS
Alyssa Connell Lareau [FNa1]

page 21

[FN114]. Cruzan v. Dir., Mo. Dep't of Health, 497 U.S. 261, 269 (1990) (stating that "informed consent is generally required for medical treatment").

[FN115]. See Canterbury, 464 F.2d at 783 (noting that while the "duty to disclose has gained recognition in a large number of American jurisdictions" it is often based "on a different rationale"); Elizabeth B. Cooper, Testing for Genetic Traits: The Need for a New Legal Doctrine of Informed Consent, 58 MD. L. REV. 346, 378-80 (1999) (noting differences among states such as whether a reasonable patient or reasonable physician standard should apply when determining what information is material and should be disclosed to a patient); Kathryn E. Cox et al., Model Act for Genetic Privacy and Control (MAGPAC), 88 IOWA L. REV. 121, 126 (2002) (noting differences between states with regard to informed consent to unauthorized genetic testing).

[FN116]. See, e.g., Laura Hermer, Paradigms Revised: Intersex Children, Bioethics & the Law, 11 ANNALS HEALTH L. 195, 236 (2002); Ford, supra note 113, at 475.

[FN117]. See Ford, supra note 113, at 475.

[FN118]. See id.

[FN119]. See id. at 478. This assumption is questioned supra Part II.B.

[FN120]. See Beh & Diamond, supra note 73, at 42-43 (2000) (stating that "parents sometimes have been deprived of key information," and "[i]n order to weigh the risks, benefits, burdens and effectiveness of treatment parents need information concerning the proposed treatment"); Ford, supra note 113, at 478.

[FN121]. Blizzard, supra note 12, at 617.

[FN122]. See Daaboul & Frader, supra note 39, at 1580, 1582.

[FN123]. Blizzard, supra note 12, at 617.

[FN124]. Id. at 618.

[FN125]. See id. at 619; Daaboul & Frader, supra note 39, at 1582.

[FN126]. See, e.g., Burton, supra note 112 (advocating "more expansive informed consent" achieved via a consent form that explains "the potential future mental or emotional component in the event the chosen sex becomes inappropriate").

[FN127]. Beh & Diamond, supra note 73, at 62.

[FN128]. Draft ABA Resolution Supporting the Adoption of a Heightened Informed Consent Standard for Parental Consent to Genital Modification of Intersexed Infants (on file with author).

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