A Minnesota woman, Anmarie Calgaro, is suing her transgender daughter, two not-for-profit health care providers, St. Louis County and their school district.
The suit alleges that medical treatment was provided to the woman’s son without the mother’s knowledge or consent. The treatment consisted of hormone replacement therapy as well as other unspecified treatments and counseling in order to assist the minor child in his transition to the female gender. The minor child identifies as a female and physicians have petitioned the court to have identification for the child changed to denote gender as female.
The mother argues she was never notified of the treatments and both the medical providers and the child’s school have refused to release any records to her.
At the heart of this lawsuit is the fact of whether or not the minor child is emancipated from her mother (there is no mention of a father in any documents).
The question exists for a number of reasons. First, there is no court order emancipating the child, though there is a letter, dated June 2015, that the child drafted with the assistance of a legal aid clinic that states the child declares herself emancipated.
Since there is no legal order granting the emancipation, the mother’s request to have the court reinstate her parental rights is a bit of a conundrum. There is no order to overturn.
In fact, the term emancipation does not even exist within Minnesota law and statutes. The law (144.341) simply states that if a child is living outside the home and is taking care of all of their financial and personal needs, they require no consent from their parents to make medical decisions. No court order is required.
Ms. Calgaro has not only her own attorney but an anti-abortion law firm on her side. The abortion law in Minnesota states that a minor child cannot under abortion proceedings until 48 hours after their parents have been notified the procedure is to take place. The ruling in this case could have ramifications on this abortion law.
Furthermore, over 6500 transgender teens’ futures are hinged on the ruling of this case. It will have far-reaching implications for their future and their right to make their own choices regarding their health and medical decisions.
The daughter’s attorneys, as well as the healthcare providers, maintain that the mother has made no attempt to return the child back home, has never reported her missing or as a runaway, and has made no attempt to contact her in the more than six months she has been out of the home. They assert that for all intents and purposes, and per Minnesota law, the child is emancipated and fully within her rights to make these decisions for herself. In fact, her physicians state she has undergone “irreversible” gender changes in the last year and should be permitted to continue treatment.
Should you, or someone you know, be involved in a family law matter such as custody, divorce, or emancipation, please contact us to discuss your case and educate yourself on your rights under the law.
DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.