A South Carolina lawsuit against the Department of Social Services and two hospitals must proceed according to the 5th Circuit Court of Appeals. The case involves a decision made to surgically change an intersex 16-month-old child into a girl by removing the penis and testicle. Now eight, M.C. has been reared as a female but identifies as a male. Because of decisions made without his consent while he was in state custody, he will not be able to function as male or procreate. Â There is also evidence that scar tissue and loss of sensation prevents a satisfactory sexual life. This may be the first case of its kind.