Oswajanie nieoswojonego, czyli o metodzie przypisywania płci prawnej w świetle wiedzy medycznej
Taming the Untamed: On the Method of Assigning Legal Sex in the Light of Medical Knowledge

Summary/Abstract: A relationship between law and the natural sciences is absolutely essential for the challenges of the modern day, so that the law may solve its social problems in a sensible fashion. This applies especially to those areas in which the state interferes in the individual’s rights and private life. Here in particular the law should react to ‘untamed’ social problems, starting with putting up-to-date medical knowledge in the place of social superstitions rooted in tradition or religion. Reflection over the rules of sex assignment is one of these challenges. Despite significant progress in medical knowledge, the way in which legal sex is assigned is not changing, the implications of which are sometimes tragic. Correct sex assignment is often impossible at the moment of birth, but Polish law – lacking the tools enabling doctors to postpone the moment at which a child’s sex is ultimately assigned – means that decisions have to be taken quickly, and often prove detrimental to the patient. This paper presents legal observations based on the experience of a team of physicians at the Upper Silesian Paediatric Health Center and the Medical University of Silesia in Katowice, who diagnose and treat children with disorders of sex development.

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