Delaware Code Title 16 Sec. 5706 – Petition for declaratory judgment
(a) Any petition for a declaratory judgment that the person to be sterilized has given informed consent shall be verified and shall:
(1) Identify the petitioner and the petitioner’s relationship to the person for whom sterilization is sought;
(2) Name as respondent the person for whom sterilization is sought and set forth the respondent’s age, sex, residence, marital status, mental condition and identify the respondent’s parents, guardian, spouse, if any, and next-of-kin, if other than the petitioner;
(3) Identify the physician who will perform the sterilization and the hospital or clinic where such procedure will be performed;
(4) Identify the sterilization procedure to be performed;
(5) State whether, in the opinion of the petitioner, the person for whom sterilization has been sought has given informed consent to the sterilization procedure to be performed; and
(6) Pray for a declaratory judgment that the respondent has given informed consent to sterilization.
Terms Used In Delaware Code Title 16 Sec. 5706
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- sterilization: means any surgical or medical procedure intended to render a person permanently unable to procreate. See Delaware Code Title 16 Sec. 5701
(b) Any petition under this section shall have annexed thereto a verified report of a psychiatrist or psychologist duly authorized to practice in the State stating that the psychiatrist or psychologist has examined the respondent and that the respondent is, in the psychiatrist’s or psychologist’s opinion, capable of giving informed consent to the sterilization procedure to be performed.