Kuwait: Sex Change Request Denied By Court

Mistake At Birth

A girl now in her twenties of uncertain identity (known as a bedoun or stateless Arab) claimed she was born a boy and a medical error caused the removal of all her male sex organs at a local hospital when she was a child. She has appealed through her lawyer to go through sex transformation operation to be transformed into a man. However, during recent hearings, the court rejected the girl’s plea to undergo sex reassignment. No apparent reasons were given.

About The Case

The request to allow the girl to undergo a sex change operation was denied by The Court of First Instance.  Essentially the girl made the following requests to the court:

1.  That the court refers her for foresenics examination by a panel of 3 professors from the College of Medicine.

2.  That the 3 professors certify in writing that her genetic makeup and chromosomes are that of a male.

3.  That the 3 professors also certify that her male sex organ was removed by an earlier operation and that this medical error prevented her from enjoying her manhood.

4.  That the court appoints an expert to perform the sex change surgery.

5.  That the State of Kuwait and the Ministry of Health should pay for her sex change surgery.

The Appeal

The girl’s lawyer has rejected the court decision. He made a request for a medical examination that will prove that the girl’s genes are male, not female. 

An appeal is underway for the sex change operation to proceed in Kuwait or abroad. The girl’s lawyer wants the operation costs to be borne by the Kuwait government, as the medical error was committed by a local hospital.

Think About It

Is there any basis for the girl to claim that she was originally a boy?  Was there really an error committed by a hospital that resulted in the removal of the male sex organ by mistake in a prior surgery?  Can any doctor remove the male sex organ by mistake?  The girl’s requests to the court  do not seem fair as she is asking the court to appoint the 3 professors who must certify what she wants them to do.  Is the girl trying to get an all expenses paid sex change operation?

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