Born In Between: When A Newborn's Sex Is In Question, Why Do Doctors Get To Decide?

Roughly 1 in every 2,000 babies in the U.S. are born with a range of traits that fall somewhere along the wide spectrum between male and female. Some doctors argue that the number of these so-called intersex babies is even higher — as many as 1 in 100 — depending on what biological markers are used to draw the line where nature hasn’t. Doctors look at genetic, hormonal, and anatomical factors likely to play a role in whether the baby will grow up to identify as a boy or a girl. Then, if the parents agree, they’ll often perform surgery to make their anatomy fit that gender assignment.

But many intersex patients, parents, legal experts, and bioethicists are opposed to surgical fixes, which they argue are often medically unnecessary, riddled with consent issues, and physically and psychologically harmful.

IHPI member Ed Goldman, J.D., weighs in about a landmark case involving a couple's adopted child who was given intersex surgery as an infant.