In an outrageous decision by a Manhattan Supreme Court Judge, taxpayers have been stuck with the bill for a 20-year-old male foster child’s gender reassignment surgery, to the tune of $46,000.
According to the New York Post, Peter Moulton handed down his ruling stating that the Administration for Children’s Services must pay the full cost for the plaintiff, only identified as D.F., for a full genital “reassignment” surgery including “facial feminization, tracheal shaving, breast augmentation and laser hair removal.”
The Judge said that because he is estranged from his family and has no high school diploma that the odds of him being able to afford the surgery after he leaves foster care at 21 aren’t good.
“Once she ages out of foster care [at age 21], petitioner’s chances of raising the money necessary to pay for these procedures appear to be nil,” adding that there is frequent discrimination against transgendered people.
The Judge’s ruling comes in spite of the ACS trying to make a case that D.F. wasn’t a good candidate for the surgery since he misses medical appointments and is often absent from his group home, which they argued would make him unlikely to be conscientious about his post-operative care.
However the judge wasn’t convinced and instead cited the fact that two psychiatrists plus a psychologist had labeled D.F. as a good candidate, the surgeon who will perform the surgery agreed with them.
Moulton also accused the ACS of being “arbitrary and capricious” in their decision to deny the funding.
“Certainly for the near future, her inability to pay for the procedures is clear,” he said.
He added that “Payment by ACS for necessary medical procedures may be a transgendered youth’s only chance to achieve congruence between her gender identity and her physical appearance.”
A spokesman for the Law Department of the city said that they “will abide by the court’s ruling and provide the requested services.”
This will be the fourth time on record that a judge has ordered the ACS to pay for a foster child’s sex change surgery.