A non-binary patient is set to sue health bosses after requesting a vagina and a functional penis using taxpayer's money.
The 33-year-old, referred to in court documents as KS, was born male but identifies as non-binary - "literally a mix" of genders.
If the court rules in favour of the patient - who is from Canada - they will travel to a specialist clinic in Austin, Texas, for the surgery.
KS argues that undergoing a binary procedure "could be considered an illegal act of conversion therapy as well as a violation of the Ontario Human Rights Code".
A non-binary patient is set to sue health bosses after requesting a vagina and a functional penis using taxpayer's moneyGettyThe surgery was originally rejected by Ontario’s Health Insurance Plan (OHIP) after they rules it "experimental" and is not performed in Canada.
However, the decision was overturned on the grounds that vaginoplasty should not inherently include a penectomy after KS complained to the province’s appeals board.
A counter-appeal has been launched and the Ontario’s Superior Court of Justice is due to make a ruling in the coming months.
LGBTQ rights group Egale Canada said the OHIP’s "interpretation (of a vaginoplasty) is exclusionary and discriminates against nonbinary people on the basis of their gender identity".
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The cost of the surgery could range from £8,000 - £56,000, according to clinic, The Crane Center.
KS has suffered from gender dysphoria since they were a teenager, court documents show.
They are described as non-binary but are more "transfeminine" - assigned male at birth but identify as more feminine than masculine - and use she/her pronouns.
KS’s doctor, an Ottawa endocrinologist, wrote in a letter of support: "It is very important for (KS) to have a vagina for her personal interpretation of her gender expression but she also wishes to maintain her penis.
The cost of the surgery could range from £8,000 - £56,000, according to clinic, The Crane Center
PA"(KS) is transfeminine but not completely on the ‘feminine’ end of the spectrum (and) for this reason it’s important for her to have a vagina while maintaining a penis."
Critics have slammed "how far off the rails" gender-affirming treatment has gone.
"Our public healthcare system is at the breaking point and really needs to focus on procedures that are medically necessary,” Pamela Buffone, founder of the parents’ group Canadian Gender Report told the National Post.
"The patient will not be physically healthier because of the operation, which is likely to result in complications and the need for corrective surgeries and further demands on the health system."