WASHINGTON, D.C.
Today, Congresswoman Sylvia R. Garcia (D-TX-29) introduced the Protect Intersex Children Act to prohibit medically unnecessary surgeries on intersex children under six years old in the foster care system.
Approximately 1-2% of newborns are born intersex. These children—those born with natural variations in physical sex characteristics—are often subjected to medical interventions to modify their bodies to conform to typical male or female genitalia. As many as two-thirds of these irreversible surgeries occur on infants under the age of two, before they are old enough to understand the implications or give consent. They often result in long-term physical and emotional harm, including chronic pain, loss of function, and psychological trauma.
“Every child deserves to grow up feeling safe, loved, and valued for who they are—not subjected to unnecessary medical procedures that take away their autonomy and identity,” said Congresswoman Garcia. “This is about protecting children from harm and ensuring they have the chance to make decisions about their own bodies when they’re ready. This legislation is a crucial first step toward empowering intersex children and supporting an often-overlooked community.”
“Children in state care who are born with variations in sex characteristics are frequently subjected to medically unnecessary cosmetic genital surgeries intended to define their gender, often without their consent or involvement in the decision,” said The Houston Intersex Society co-founders and TX-29 constituents Mo Cortez and Koomah. “This was our experience as children in state care and the consequences of these procedures are devastating. We commend Congresswoman Garcia for her continued dedication to these impacted communities and her unwavering advocacy.”
“Children with intersex variations have never had sufficient legal protection against violations of bodily autonomy. Currently, they are arguably at greater risk than ever as states that ban transgender youth from accessing necessary, affirming care are simultaneously encouraging unnecessary and harmful surgeries on intersex infants and young children through the same legislative instruments,” said InterACT Legal and Policy Director Sylvan Fraser Anthony. “Federal action is needed to preserve bodily self-determination against these deplorable abuses of state power.”
The Protect Intersex Children Act would require that states receiving federal funding for foster care and adoption assistance programs to prohibit specified surgeries from being performed on foster children under the age of six who are born with variations in the development, appearance, or function of their physical sex characteristics, unless required to address a life-threatening medical emergency.
A growing number of medical and human rights organizations, including the World Health Organization and the United Nations, have condemned these early interventions. In 2017, three former US Surgeon Generals that served in both Republican and Democratic administrations issued a statement calling for a moratorium on medically unnecessary surgeries on intersex children too young to participate in the decision.
The following organizations have endorsed the legislation: Houston Intersex Society, Congressional Equality Caucus, Advocates for Trans Equality (A4TE), and Greater Houston LGBTQ+ Chamber of Commerce.
Joining Congresswoman Garcia as original cosponsors on the legislation are: Reps. Mark Pocan (WI-02), Mark Takano (CA-41), Ritchie Torres (NY-15), Suzanne Bonamici (OR-01), Judy Chu (CA-28), Maxwell Frost (FL-10), Jesús “Chuy” García (IL-04), Al Green (TX-09), Sara Jacobs (CA-51), Pramila Jayapal (WA-07), Barbara Lee (CA-12) Summer Lee (PA-12), Erica Lee Carter (TX-18), Jennifer McClellan (VA-04), James McGovern (MA-02), LaMonica McIver (NJ-10), Chellie Pingree (ME-01), Ayanna Pressley (MA-07), Mike Quigley (IL-05), Delia Ramirez (IL-03), and Rashida Tlaib (MI-12).
