TRENTON, NJ – Senators Joseph F. Vitale and Andrew Zwicker have introduced Senate Bill No. 1098, marking a significant stride towards safeguarding the rights of intersex children in New Jersey. The bill, introduced to the 220th Legislature on January 31, 2022, aims to regulate surgical procedures performed on intersex children aged 12 and below in licensed health care facilities.

Under the proposed legislation, certain surgical procedures such as clitoroplasty, gonadectomy, and vaginoplasty, among others, would be prohibited unless they are deemed necessary to address an immediate risk of physical harm. This bill seeks to protect intersex individuals—those born with sex characteristics that do not fit typical definitions for male or female bodies—from potentially unnecessary and harmful medical interventions.

The bill specifically defines “variations in their sex characteristics” to include a range of physical traits beyond standard male or female categories, such as those associated with androgen insensitivity syndrome and congenital adrenal hyperplasia. Moreover, it clarifies that surgeries required to address immediate risks of physical harm include those necessary to prevent malignancy, allow urine to exit the body, treat complications of previous surgeries that cannot be delayed, or preserve life in medical emergencies, explicitly excluding psychological or social factors as bases for such determinations.

Health care professionals found violating the provisions of this bill would face civil liability and potential actions from the State Board of Medical Examiners, including penalties and administrative sanctions. The bill allows for civil action to be taken against violators, with provisions for actual, compensatory, and punitive damages, as well as the potential for treble damages in cases of willful misconduct. Moreover, it grants the right to sue up to 10 years after the procedure, or upon reaching the age of 18 for those affected under the age of 12.

This legislative proposal represents a crucial step towards recognizing and protecting the bodily autonomy and rights of intersex children in New Jersey, emphasizing the need for careful and considerate medical decision-making that prioritizes the well-being and consent of the individual.

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