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Bill > AB400

WI AB400

WI AB400
A civil cause of action for a minor injured by a gender transition procedure.

summary

Introduced
08/29/2025
In Committee
01/15/2026
Crossed Over
Passed
Dead

Introduced Session

Potential new amendment
2025-2026 Regular Session

Bill Summary

This bill establishes a civil cause of action against a health care provider who performs a gender transition procedure, as defined in the bill, on an individual who is under 18 years of age and who is injured, including any physical, psychological, emotional, or physiological injury, by the gender transition procedure or related treatment or the aftereffects of the gender transition procedure or related treatment. Under the bill, such an action must be commenced before the individual attains the age of 33 years. The bill provides that it is a defense to an action under the bill if all of the following occur before a health care provider performs a gender transition procedure on an individual who is under 18 years of age: 1. The health care provider documents the individual[s perceived gender or perceived sex for at least two continuous years, and the individual[s perceived gender or perceived sex is invariably inconsistent with the individual[s biological sex throughout the two-year period. 2. To the extent that the individual suffers from a mental health concern, at least one mental health professional and one other health care provider certifies in writing that the gender transition procedure is the only way to treat the mental health concern. 3. At least one mental health professional and one other health care provider certifies in writing that the individual suffers from no other mental health concerns. 4. The health care provider receives the voluntary and informed consent of the individual and the individual[s parent or legal guardian by providing them, both orally and in writing, with a notice, the contents are which are prescribed in the bill, at least 30 days before the first treatment of the gender transition procedure and during every subsequent medical visit for treatment during the following six months.

AI Summary

This bill establishes a civil cause of action that allows minors (individuals under 18) to sue healthcare providers who perform gender transition procedures if the minor experiences any physical, psychological, emotional, or physiological injury from such procedures. The bill defines "gender transition procedure" broadly to include medical or surgical services that alter physical characteristics typical of a person's biological sex or create physiological characteristics of a different sex, such as puberty-blocking drugs or cross-sex hormones. To bring a lawsuit, the minor must do so before turning 33 years old and can seek declaratory relief, compensatory damages, punitive damages, and attorney fees. The bill provides a "safe harbor" defense for healthcare providers if they meet specific stringent requirements before performing such procedures, including documenting the minor's gender inconsistency for two continuous years, obtaining certifications from multiple healthcare providers that the procedure is the only treatment option and that the minor has no other mental health concerns, and providing a detailed written and oral warning to the minor and their parent/guardian about potential risks and long-term consequences of gender transition treatments. The bill emphasizes potential medical risks, potential regret, and highlights medical guidance from European countries that recommend caution and prioritize psychotherapy over medical interventions for youth experiencing gender dysphoria.

Committee Categories

Justice

Sponsors (20)

Last Action

Laid on the table (on 02/12/2026)
(1 Companion Bills)

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