The following persons shall be presumed incapable of giving informed consent to sterilization:

(1) An individual who lives in an institution that serves persons with mental illness, mental retardation or other significant cognitive disability;

(2) A person known by the physician to be on convalescent leave or any other form of conditional discharge from any institution for the mentally ill or retarded;

(3) A person confined to any correctional institution;

(4) A person on whose behalf sterilization is requested by another person or agency;

(5) A person receiving residential services from the Department of Health and Social Services.

65 Del. Laws, c. 148, § ?1; 75 Del. Laws, c. 285, §§ ?5, 6;