Sex assignment (also known as gender assignment
) is the discernment of an infant's
sex, typically made at birth based on an examination of the baby's external
genitalia
A sex organ, also known as a reproductive organ, is a part of an organism that is involved in sexual reproduction. Sex organs constitute the primary sex characteristics of an organism. Sex organs are responsible for producing and transporting ...
by a healthcare provider such as a
midwife
A midwife (: midwives) is a health professional who cares for mothers and Infant, newborns around childbirth, a specialisation known as midwifery.
The education and training for a midwife concentrates extensively on the care of women throughou ...
,
nurse
Nursing is a health care profession that "integrates the art and science of caring and focuses on the protection, promotion, and optimization of health and human functioning; prevention of illness and injury; facilitation of healing; and alle ...
, or
physician
A physician, medical practitioner (British English), medical doctor, or simply doctor is a health professional who practices medicine, which is concerned with promoting, maintaining or restoring health through the Medical education, study, Med ...
.
In the vast majority of cases (99.95%), sex is assigned unambiguously at birth. However, in about 1 in 2000 births, the baby's genitalia may not clearly indicate
male
Male (Planet symbols, symbol: ♂) is the sex of an organism that produces the gamete (sex cell) known as sperm, which fuses with the larger female gamete, or Egg cell, ovum, in the process of fertilisation. A male organism cannot sexual repro ...
or
female
An organism's sex is female ( symbol: ♀) if it produces the ovum (egg cell), the type of gamete (sex cell) that fuses with the male gamete (sperm cell) during sexual reproduction.
A female has larger gametes than a male. Females and ...
, necessitating additional diagnostic steps, and deferring sex assignment.
In most countries the healthcare provider's determination, along with other details of the birth, is by law recorded on an official document and submitted to the government for later issuance of a
birth certificate
A birth certificate is a vital record that documents the Childbirth, birth of a person. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation ...
and for other legal purposes.
The prevalence of
intersex conditions
Intersex people are those born with any of several Sexual characteristics, sex characteristics, including chromosome patterns, gonads, or sex organ, genitals that, according to the Office of the United Nations High Commissioner for Human ...
, where a baby's sex characteristics do not conform strictly to typical definitions of male or female, ranges between 0.018% and 1.7%.
While some intersex conditions result in
genital ambiguity (approximately 0.02% to 0.05% of births
), others present genitalia that are distinctly male or female, which may delay the recognition of an intersex condition until later in life.
Societally and medically, it is generally assumed that a person's gender identity will align with the sex assigned at birth, making them
cisgender
The word ''cisgender'' (often shortened to ''cis''; sometimes ''cissexual'') describes a person whose gender identity corresponds to their sex assigned at birth, i.e., someone who is not ''transgender''. The prefix '' cis-'' is Latin and ...
. However, for a minority, assigned sex and gender identity do not coincide, leading to
transgender
A transgender (often shortened to trans) person has a gender identity different from that typically associated with the sex they were sex assignment, assigned at birth.
The opposite of ''transgender'' is ''cisgender'', which describes perso ...
identity experiences. When assigning sex to intersex individuals, some healthcare providers may consider the gender identity that most people with a similar intersex condition develop, although such assignments may be revised as the individual matures.
The use of surgical or hormonal interventions to reinforce sex assignments in intersex individuals without informed consent is considered a violation of human rights, according to the Office of the
United Nations High Commissioner for Human Rights
The Office of the United Nations High Commissioner for Human Rights (OHCHR) is a department of the United Nations Secretariat that works to promote and protect human rights that are guaranteed under international law and stipulated in the Univers ...
.
Terminology
Sex assignment refers to the identification of an infant's sex at birth, typically based on observable physical characteristics. This is also known as gender assignment.
In clinical and medical contexts, terms such as "birth-assigned sex" or "birth-assigned gender" are used to describe the sex identified at birth, while "assigned sex" and "assigned gender" may also refer to any subsequent reassignments, especially common among intersex individuals.
The terminology has evolved across various editions of the
Diagnostic and Statistical Manual of Mental Disorders
The ''Diagnostic and Statistical Manual of Mental Disorders'' (''DSM''; latest edition: ''DSM-5-TR'', published in March 2022) is a publication by the American Psychiatric Association (APA) for the classification of mental disorders using a com ...
(DSM) maintained by the
American Psychiatric Association
The American Psychiatric Association (APA) is the main professional organization of psychiatrists and trainee psychiatrists in the United States, and the largest psychiatric organization in the world. It has more than 39,200 members who are in ...
. Initially, the third edition of the DSM referred to "anatomic sex". By the fourth edition in 1994, the term "assigned sex" was introduced, with subsequent editions also using "biological sex" and "natal gender". The latest revision in 2022 streamlined the language to consistently use "sex assignment".
A 2006 consensus statement on intersex conditions also adopted the terms "assigned sex" and "assigned gender". Sex is assigned as either male or female, leading to specific terms:
More visible adoption of the terminology of sex assignment has led to public debate and criticism.
There is a consensus in the use of the term "sex assignment" for newborns with intersex conditions;
observed chromosomal sex and assigned sex may intentionally differ for medical reasons (based upon predictions of psychosocial and psychosexual health in later life).
Assignment in cases of infants with intersex traits, or cases of trauma
Observation or recognition of an infant's sex may be complicated in the case of intersex infants and children and in cases of early trauma. In such cases, the infant may be assigned male or female, and may receive
intersex surgery to confirm that assignment. These medical interventions have increasingly been seen as a
human rights
Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
violation due to their unnecessary nature and the potential for lifelong complications.
Cases of trauma include the famous
John/Joan case, where sexologist
John Money claimed successful reassignment from male to female of a 17-month-old boy whose penis was destroyed during
circumcision
Circumcision is a procedure that removes the foreskin from the human penis. In the most common form of the operation, the foreskin is extended with forceps, then a circumcision device may be placed, after which the foreskin is excised. T ...
. However, this claim was later shown to be largely false. The subject,
David Reimer, later identified as a man.
The number of births with ambiguous genitals is in the range of 1 in 2,000 to 1 in 4,500 (0.05% to 0.02%).
Typical examples would be an unusually prominent
clitoris
In amniotes, the clitoris ( or ; : clitorises or clitorides) is a female sex organ. In humans, it is the vulva's most erogenous zone, erogenous area and generally the primary anatomical source of female Human sexuality, sexual pleasure. Th ...
in an otherwise apparently typical girl, or complete
cryptorchidism in an otherwise apparently typical boy. In most of these cases, a sex is tentatively assigned and the parents told that tests will be performed to confirm the apparent sex. Typical tests in this situation might include a pelvic
ultrasound
Ultrasound is sound with frequency, frequencies greater than 20 Hertz, kilohertz. This frequency is the approximate upper audible hearing range, limit of human hearing in healthy young adults. The physical principles of acoustic waves apply ...
to determine the presence of a
uterus
The uterus (from Latin ''uterus'', : uteri or uteruses) or womb () is the hollow organ, organ in the reproductive system of most female mammals, including humans, that accommodates the embryonic development, embryonic and prenatal development, f ...
, a
testosterone
Testosterone is the primary male sex hormone and androgen in Male, males. In humans, testosterone plays a key role in the development of Male reproductive system, male reproductive tissues such as testicles and prostate, as well as promoting se ...
or
17α-hydroxyprogesterone level, and/or a
karyotype
A karyotype is the general appearance of the complete set of chromosomes in the cells of a species or in an individual organism, mainly including their sizes, numbers, and shapes. Karyotyping is the process by which a karyotype is discerned by de ...
. In some of these cases a
pediatric endocrinologist is consulted to confirm the tentative sex assignment. The expected assignment is usually confirmed within hours to a few days in these cases.
Some infants are born with enough ambiguity that assignment becomes a more drawn-out process of multiple tests and intensive education of the parents about
sexual differentiation. In some of these cases, it is clear that the child will face physical difficulties or social stigma as they grow up, and deciding upon the sex of assignment involves weighing the advantages and disadvantages of either assignment. Intersex activists have criticised "normalising" procedures performed on infants and children, who are unable to provide informed consent.
History
In European societies,
Roman law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I.
Roman law also den ...
, post-classical
canon law
Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...
, and later
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
, referred to a person's sex as male, female, or
hermaphrodite
A hermaphrodite () is a sexually reproducing organism that produces both male and female gametes. Animal species in which individuals are either male or female are gonochoric, which is the opposite of hermaphroditic.
The individuals of many ...
, with legal rights as male or female depending on the characteristics that appeared most dominant. Under Roman law, a hermaphrodite had to be classed as either male or female. The 12th-century ''
Decretum Gratiani'' states that "Whether a hermaphrodite may witness a testament, depends on which sex prevails".
The foundation of common law, the 16th Century ''
Institutes of the Lawes of England'', described how a hermaphrodite could inherit "either as male or female, according to that kind of sexe which doth prevaile". Legal cases where sex assignment was placed in doubt
have been described over the centuries.
With the medicalization of intersex, criteria for assignment have evolved over the decades, as clinical understanding of biological factors and diagnostic tests have improved, as
surgical
Surgery is a medical specialty that uses manual and instrumental techniques to diagnose or treat pathological conditions (e.g., trauma, disease, injury, malignancy), to alter bodily functions (e.g., malabsorption created by bariatric surgery ...
techniques have changed and potential complications have become clearer, and in response to the outcomes and opinions of adults who have grown up with various intersex conditions.
Before the 1950s, assignment was based almost entirely on the appearance of the external genitalia. Although physicians recognized that there were conditions in which the apparent secondary sexual characteristics could develop contrary to the person's sex, and conditions in which the gonadal sex did not match that of the external genitalia, their ability to understand and diagnose such conditions in infancy was too poor to attempt to predict future development in most cases.
In the 1950s,
endocrinologists developed a basic understanding of the major intersex conditions such as
congenital adrenal hyperplasia
Congenital adrenal hyperplasia (CAH) is a group of Genetic disorder#Autosomal recessive, autosomal recessive disorders characterized by impaired cortisol synthesis. It results from the deficiency of one of the five enzymes required for the Biosy ...
(CAH),
androgen insensitivity syndrome
Androgen insensitivity syndrome (AIS) is a condition involving the inability to respond to androgens, typically due to androgen receptor dysfunction.
It affects 1 in 20,000 to 64,000 XY (karyotype, karyotypically male) births. The condition result ...
, and
mixed gonadal dysgenesis. The discovery of
cortisone
Cortisone is a pregnene (21-carbon) steroid hormone. It is a naturally-occurring corticosteroid metabolite that is also used as a pharmaceutical prodrug. Cortisol is converted by the action of the enzyme corticosteroid 11-beta-dehydrogenase ...
allowed survival of infants with severe CAH for the first time. New hormone tests and karyotypes allowed more confident diagnosis in infancy and prediction of future development.
Sex assignment became more than choosing a sex of rearing, but also began to include surgical treatment. Undescended testes could be retrieved. A greatly enlarged clitoris could be amputated to the usual size, but attempts to create a
penis
A penis (; : penises or penes) is a sex organ through which male and hermaphrodite animals expel semen during copulation (zoology), copulation, and through which male placental mammals and marsupials also Urination, urinate.
The term ''pen ...
were unsuccessful.
John Money and others
controversially believed that children were more likely to develop a gender identity that matched sex of rearing than might be determined by chromosomes, gonads, or hormones. The resulting medical model was termed the "Optimal gender model".
Challenges to requirements for sex assignment
Australian government guidelines published in 2013 stated that "individuals should be given the option to select M (male), F (female) or X (Indeterminate/Intersex/Unspecified)" and that government "
partments and agencies will continue to collect sex and/or gender information to inform service delivery, perform their specific function or to contribute to broader government statistical or administrative purposes."
A 2014 report for the Dutch
Ministry of Justice and Security allowed that while many gender-specific provisions in legislation no longer existed, sex registration, which had been introduced in 1811, was still required for a number of important state functions: family law, pregnancy protections, gender-segregated facilities, affirmative-action policies, and "a limited number of laws and regulations that are specifically aimed at men or women, such as military service". It also found that a majority of civil servants foresaw problems if official gender identifications were removed expanded beyond male and female. It noted that gender "seems to be increasingly experienced as 'sensitive' personal data, but is not yet protected as such by privacy regulations", and advocated for more flexibility and less official requests for gender identification.
In 2015, Canadian activists petitioned the
British Columbia Human Rights Tribunal to force the government to stop recording the sex of newborns on birth certificates in order to avoid what complainants called "misgendered birth certificates" which they asserted were harmful to transgender people. In 2021, Canada changed the "sex" designation on birth certificates to "sex at birth" in order to reflect that a small number of Canadians subsequently change their gender.
References
{{DEFAULTSORT:Sex Assignment
Genital modification and mutilation
Human sexuality
Intersex healthcare
Sex-determination systems
Transgender health care