A transgender woman at the center of a breastfeeding dispute has been ordered by a Queensland tribunal to disclose the hormones she took and the composition of the liquid she fed her baby. Jennifer Adrian Buckley is suing Jasmine Sussex, a former Australian Breastfeeding Association (ABA) counselor, who allegedly made defamatory statements describing Buckley as a "man pretending to be a woman" and a "child abuser."
Senior Queensland Civil and Administrative Tribunal (QCAT) members Ned Aughterson and Samantha Traves ruled that a previous decision by tribunal member Peter Bridgman contained errors of law, resulting in a "substantial miscarriage of justice." The appeal tribunal set aside Bridgman's finding that Buckley's induced lactation and the substance she fed her child were irrelevant to whether Sussex had unlawfully vilified her.
Bridgman had previously stated that Buckley's medical treatment, the composition of fluids from induced lactation, and the qualifications of her practitioners were "simply not relevant" and that requests for such information were "unnecessarily intimate." However, the appeal tribunal disagreed, finding the information could be pertinent to Sussex's defense, particularly concerning whether her conduct was reasonable, undertaken in good faith, and in the public interest.
Buckley, who transitioned from male to female and is the biological father of the child, must provide details by September 16 regarding the induction of lactation. This includes whether hormones were used, the nature of any medical supervision, and the composition of the substance fed to the baby.
Buckley has previously claimed she successfully induced lactation and breastfed her newborn son in 2019 under the supervision of endocrinologist Naomi Achong. Buckley reportedly stated on social media that she had taken hormones to grow breasts and the drug domperidone to increase prolactin to induce lactation. Dr. Achong's research has focused on breastfeeding, and she has previously reported positive experiences with breastfeeding by transgender women.
The vilification dispute has been before the QCAT since Buckley filed a complaint with the Queensland Human Rights Commission in late 2023 concerning online comments made by Sussex between 2021 and 2023. Sussex's legal team sought details about the treatment used to induce lactation, the qualifications of practitioners, and the composition of the bodily fluid produced, including how it qualified as "breast milk."
The appeal tribunal referenced evidence from a medical doctor and bioethicist suggesting that "no evidence-based protocol to support the process of inducing lactation in a transgender woman has been published in academic literature and no longitudinal research exists regarding whether it is nutritionally adequate nor whether there are any negative outcomes for the child."
The ABA's guide, "Breastfeeding, chestfeeding and human milk feeding: Supporting LGBTQIA+ families," addresses lactation for transgender and gender-diverse people, stating it is possible for individuals who have not been pregnant to produce milk. The guide advises a cautious approach to induced lactation, noting potential unknown risks associated with hormone use and infant feeding, and emphasizing the need for careful decisions made with medical professional support.
Buckley and Sussex have been contacted for comment through their representatives.