62A-6-108 - Factors to be considered by court -- Evaluations -- Interview -- Findings of fact.
62A-6-108. Factors to be considered by court -- Evaluations -- Interview --Findings of fact.
(1) If the court finds that the subject of sterilization is not capable of giving informedconsent, the court shall consider, but not by way of limitation, the following factors concerningthat person:
(a) the nature and degree of his mental impairment, and the likelihood that the conditionis permanent;
(b) the level of his understanding regarding the concepts of reproduction andcontraception, and whether his ability to understand those concepts is likely to improve;
(c) his capability for procreation or reproduction. It is a rebuttable presumption that theability to procreate and reproduce exists in a person of normal physical development;
(d) the potentially injurious physical and psychological effects from sterilization,pregnancy, childbirth, and parenthood;
(e) the alternative methods of birth control presently available including, but not limitedto, drugs, intrauterine devices, education and training, and the feasibility of one or more of thosemethods as an alternative to sterilization;
(f) the likelihood that he will engage in sexual activity or could be sexually abused orexploited;
(g) the method of sterilization that is medically advisable, and least intrusive anddestructive of his rights to bodily and psychological integrity;
(h) the advisability of postponing sterilization until a later date; and
(i) the likelihood that he could adequately care and provide for a child.
(2) The court may require that independent medical, psychological, and socialevaluations of the subject of sterilization be made prior to ruling on a petition for sterilization. The court may appoint experts to perform those examinations and evaluations and may requirethe petitioner, to the extent of the petitioner's ability, to bear the costs incurred.
(3) The court shall interview the subject of sterilization to determine his understanding ofand desire for sterilization. The expressed preference of the person shall be made a part of therecord, and shall be considered by the court in rendering its decision. The court is not bound bythe expressed preference of the subject of sterilization; however, if the person expresses apreference not to be sterilized, the court shall deny the petition unless the petitioner proves beyonda reasonable doubt that the person will suffer serious physical or psychological injury if thepetition is denied.
(4) When adjudicating a petition for sterilization the court shall determine, on the basis ofall the evidence, what decision regarding sterilization would have been made by the subject ofsterilization, if he were capable of giving informed consent to sterilization. The decisionregarding sterilization shall be in the best interest of the person to be sterilized.
(5) If the court grants a petition for sterilization, it shall make appropriate findings of factin support of its order.
Enacted by Chapter 1, 1988 General Session