Congresswoman Sylvia R. Garcia (TX-29) Introduces Bill to Protect Intersex Children’s Dignity and Autonomy Over Their Bodies

WASHINGTON, D.C. – Following the 2021 anniversary of National Intersex Awareness Day, Congresswoman Sylvia R. Garcia (TX-29) introduced H.R. 5730 the Protect Intersex Children Act (PICA) to protect the dignity and bodily autonomy of children born with variations in sex characteristics. The bill would prohibit medically unnecessary surgeries on intersex children in the foster care system.

"Too many children are subjected to invasive surgeries and lifelong consequences against their will," said Congresswoman Sylvia Garcia (TX-29). "These surgeries are not just unnecessary, they are a clear violation of bodily autonomy and cause lasting harm to children who wouldn't be able to understand what is being done to them, let alone consent. Intersex children should be able to grow up and make their own decisions about their bodies when they are old enough to do so."

The Protect Intersex Children Act has the support of InterACT – an advocacy organization for intersex youth.

"This bill sends the strong message that intersex youth deserve protection and that the groundswell of national support for intersex human rights will continue until this population can live free from discrimination in healthcare and beyond," said Kimberly Zieselman, Executive Director of InterACT.

"Unfortunately, for children in state care who are born with variations in sex characteristics, they are often subjected to medically unnecessary cosmetic genital surgeries for gender defining purposes without their involvement. This is exactly what happened to both of us. We were born with variations of sex characteristics and therefore subjected to medically unnecessary forced surgical procedures for gender defining purposes while we were minors under state care," said Mo Cortez, Intersex Policy Advisorand Koomah, Intersex Policy Advisor & Strategist. "These procedures are irreversible and have caused lifelong physical, mental, and emotional anguish. We thank Congresswoman Garcia for working so closely with those of us directly impacted by this issue, for introducing this and other protective legislation, and for continuing her advocacy on behalf of individuals born with variations of sex characteristics."

BACKGROUND

Approximately 1-2% of newborns are born intersex – without a clear physical gender assigned. In some cases, these children are forced to undergo complex surgeries to correspond to one sex without their consent. These surgeries can often leave these children with lifelong consequences such as infertility, pain, and suffering.

To protect children from these harmful effects, the Protect Intersex Children Act would condition federal funding only to state foster care systems that legally clarify that children born with variations in sex characteristics in their state's system would not be subjected to medically unnecessary genital assignment surgery.

PICA also expresses Congressional recognition of bodily autonomy and dignity for individuals born with variations in sex characteristics.

This bill is cosponsored by U.S. Representatives Mark Takano [CA-41], Jamie Raskin [MD-08], Ayanna Pressley [MA-7], Mike Quigley [IL-05], Sheila Jackson Lee [TX-18], Donald M. Jr. Payne [NJ-10], and Marilyn Strickland [WA-10].

See a copy of the Protect Intersex Children Act (PICA), here.

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Congresswoman Sylvia R. Garcia was elected to the U.S. House of Representatives in November 2018, becoming the first Latina ever to represent the Texas 29th Congressional District. She serves on the House Judiciary and Financial Services Committees.