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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
civil liability; gender reassignment surgery
Purpose
Establishes civil liability for a physician who performs irreversible gender reassignment surgery on a minor and specifies recoverable damages and a statute of limitations.
Background
Statute prohibits physicians from providing irreversible gender reassignment surgery to any individual under 18 years of age. Physicians may provide: 1) services to an individual diagnosed or born with a medically verifiable sex development disorder; 2) treatment for an infection, injury, disease or disorder caused or exacerbated by a gender transition procedure; and 3) any procedure necessary to treat a physical disorder, injury or illness that, as certified by a physician, would place the individual in imminent danger of death or impairment of a major bodily function unless surgery is performed
Irreversible
gender reassignment surgery is a medical procedure performed for the
purpose of assisting an individual with a gender transition, including the
following surgical procedures:
1) penectomy, orchiectomy, vaginoplasty, clitoroplasty, vulvoplasty or
augmentation mammoplasty for biologically male patients; and 2) hysterectomy,
ovariectomy, metoidplasty, phalloplasty, vaginectomy, scrotoplasty,
subcutaneous mastectomy or implantation of erection or testicular prostheses
for biologically female patients (A.R.S.
§ 32-3230).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes civil liability for a physician who provides irreversible gender reassignment surgery to a minor for damages resulting from the surgery, including any damages that would not have occurred but for the surgery.
2. Provides that parental consent is not a defense to liability.
3. Requires a person who prevails in a civil action to be awarded:
a) actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown;
b) exemplary damages; and
c) court costs and reasonable attorney fees
4. Requires an action for recovery of damages to filed within 20 years after the minor reaches 18 years of age or four years after the minor undergoes detransition treatment, whichever is later.
5. Defines terms.
6. Becomes effective on the general effective date.
Prepared by Senate Research
February 13, 2026
MM/hk