Sex change op not enough for gender change, says judge

The Star

KUALA TERENGGANU: A medical assistant failed in his bid to be declared a woman when the High Court here rejected his application for a gender change.

Mohd Ashraf Hafiz Abd Aziz, 26, who was not present in court, had also wanted his name changed on his birth certificate and MyKad to Aleesha Farhana Abd Aziz.

He wanted this reflected in his driving licence, two bank accounts and medical assistant diploma from a medical college.

Ashraf Hafiz, from Seberang Takir here, had a sex change operation in Thailand in May 2009 after seeking advice and hormonal treatment from Pantai Medical Centre.

In his application, Ashraf Hafiz said he had exhibited female mannerisms and was more inclined to socialise with girls since he was in school.

His mother, in her affidavit, said his private parts was too small and was not functioning normally.

Justice Datuk Mohd Yazid Mustafa, in rejecting Ashraf Hafiz’s application, said there was no legal statute to grant his application based solely on the sex change operation.

“He also did not meet three other criteria for being declared a woman – chromosome count, and exterior and interior organs.

“The medical reports were not complete or conclusive and no doctors were called to give their statements regarding biological factors throughout the court proceedings,” he said.

He said a person’s gender was determined during birth and could not be changed through surgery.

“In making my judgment, I have to take into account the legal impact as well as whether a decision would confuse the public.

“Surgical intervention is not sufficient, given that the surgery was conducted to ensure a person would be comfortable with his body,” he said.

In his previous arguments, lawyer Horley Isaacs, who represented the plaintiff, said his client was facing difficulty leading a normal life, especially in wanting to further his studies in a local university.

Ashraf Hafiz created a stir when he attended the proceedings on May 25 clad in a red and white kebaya and pink tudung.

When approached by reporters then, he refused to comment. Instead, he covered his face and dashed away from the media.