Delaware Code Title 16 Sec. 5712 – Hearing on petition for involuntary sterilization
(a) The hearing upon the petition for involuntary sterilization under this chapter shall be by the Court.
Terms Used In Delaware Code Title 16 Sec. 5712
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- sterilization: means any surgical or medical procedure intended to render a person permanently unable to procreate. See Delaware Code Title 16 Sec. 5701
(b) The Court may order the involuntary sterilization of the respondent without requiring the petitioner to present other evidence:
(1) If there is no objection to the petition;
(2) If the attorney for the respondent and the guardian ad litem, if any, agree; and
(3) If the Court is satisfied that the affidavits required by § 5707(b) and (c) of this title demonstrate clearly and convincingly that:
a. The respondent is presently incapable of giving informed consent to sterilization;
b. The respondent is more likely than not to remain so incapable either permanently or for the foreseeable future and that all attempts to render the respondent capable of giving informed consent have been and are likely to remain ineffectual;
c. The benefit to the respondent from the sterilization outweighs any known medical contraindications to the procedure to be performed;
d. If the respondent is not sterilized, the respondent is more likely than not to procreate and all less drastic medically advisable alternative means to prevent procreation are or have been ineffective;
e. If the respondent is female, pregnancy would present a substantial danger to the life or health of the respondent; and
f. The procedure to be performed is the least drastic medically or hygienically indicated means of sterilizing the respondent.
(c) If there is objection to the petition, the Court will receive evidence at the hearing or, for good cause, adjourn the hearing to another date for the reception of evidence.
(d) The Court may issue an order authorizing the involuntary sterilization of the respondent after the hearing, if satisfied by clear and convincing evidence that the criteria set forth in subsection (b) of this section have been met.