California bans declawing of cats, still allows re-gendering of youth

Beginning Jan. 1, elective declawing of cats will be illegal statewide in California under Assembly Bill 867, which was signed into law by Gov. Gavin Newsom in October. The new law prohibits onychectomy or tendonectomy procedures unless they are deemed medically necessary for the health of the animal, such as to treat infection, injury, or disease.

Veterinarians who perform declawing for convenience or cosmetic reasons will face penalties under the statute. Supporters of the measure argue the procedure is painful and unnecessary, while animal welfare groups have long compared declawing to amputation of the last joint of a human finger.

At the same time, California maintains broad legal protections for access to gender-affirming medical care, including surgical procedures, for minors under broad circumstances. The state has no statewide ban on “gender-affirming” care for minors and is often described as a “sanctuary state” for such treatments, shielding patients, families, and providers from legal actions initiated in other states.

Under California law, most minors generally cannot independently consent to irreversible surgical procedures without parental involvement. For most gender mutilation, including breast removal (commonly referred to as “top surgery”), parental or guardian consent is typically required, along with medical evaluations and provider approvals. Some medical providers perform top surgery on minors as young as 16 when those conditions are met.

However, California law also allows emancipated minors to consent to medical and surgical care without parental consent. Under California Family Code § 7050(e)(1), an emancipated minor, which may include a person as young as 14, has the legal authority to consent to medical, dental, or psychiatric treatment as an adult would. Courts and legal guidance have interpreted this provision to include surgical procedures, including sexual mutilation surgeries.

Emancipation legally removes parental control over medical decision-making, treating the minor as an adult for healthcare consent purposes. Emancipation may occur through court order, marriage, or active military service.

The juxtaposition of the two policies draws attention from critics, who argue that California’s legal framework places stricter limits on elective surgical procedures for animals than on certain irreversible medical interventions involving minors.