Intersex-Operationen

The question of whether sex-determining surgery on intersex minors should be allowed is of the utmost sociopolitical relevance. At the same time, there is a lack of intensive legal research on this interdisciplinary issue. This publication seeks to remedy this failing and, for the first time, provide the reader with a profound and practicable solution model that takes equal account of subjective weighting powers and objective consideration parameters. In addition to addressing the conceptual–structural and medical–biological foundations in this respect, this study comprehensively examines whether intersex minors have the option to consent to such surgeries themselves and, in particular, considers the scope and limits of parents’ consent in this regard. Finally, the author submits a legislative proposal which aims to ensure an appropriate balance between the legal positions and interests concerned.
The work was awarded the Faculty Prize 2019 of the Law Faculty of the LMU Munich.