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[Utah Code Table of Contents]
[TITLE 62a. Table of Contents]
62A-6-101 Definitions.
As used in this chapter:
(1) "Informed consent" means consent that is voluntary and based on an understanding by the person to be sterilized of the nature and consequences of sterilization, the reasonably foreseeable risks and benefits of sterilization, and the available alternative methods of contraception.
(2) "Institutionalized" means residing in the Utah State Developmental Center, the Utah State Hospital, a residential facility for persons with a disability as defined in Sections 10-9-605 and 17-27-605 , a group home for disabled persons, a nursing home, or a foster care home or facility.
(3) "Sterilization" means any medical procedure, treatment,
or operation rendering an individual permanently incapable
of procreation.
1997
62A-6-102 Sterilization of persons 18 years of age or older.
(1) It is lawful for a physician to sterilize a person who is 18 years of age or older and who has the capacity to give informed consent.
(2) It is unlawful for a physician to sterilize a person who is 18 years of age or older and who is institutionalized, unless:
(a) the physician, through careful examination and counseling, ensures that the person is capable of giving informed consent and that no undue influence or coercion to consent has been placed on that person by nature of the fact that he is institutionalized; or
(b) the person is not capable of giving informed consent, a petition has been filed in accordance with Section 62A-6-107 , and an order authorizing the sterilization has been entered by a court of competent jurisdiction.
(3) It is unlawful for a physician to sterilize a person
who is 18 years of age or older and who is not capable of
giving informed consent unless a petition has been filed
in accordance with Section
62A-6-107
and an order authorizing sterilization has
been entered by a court of competent jurisdiction.
1988
62A-6-103 Sterilization of persons under 18 years of age.
It is unlawful for a physician to sterilize a person who is under 18 years of age unless:
(1) the person is married or otherwise emancipated and the physician, through careful examination and counseling, ensures that the person is capable of giving informed consent. If that person is institutionalized, the physician shall also ensure that no undue influence or coercion to consent has been placed on the person by nature of the fact that he is institutionalized; or
(2) a petition has been filed in accordance with Section
62A-6-107
, and an order authorizing sterilization has
been entered by a court of competent jurisdiction.
1988
62A-6-104 Emergency - Medical necessity.
If an emergency situation exists that prevents compliance
with Section
62A-6-102
or
62A-6-103
because of medical necessity, if delay in performing
the sterilization could result in serious physical injury
or death to the person, the attending physician shall certify,
in writing, the specific medical reasons that necessitated
suspension of those requirements. That certified statement
shall become a permanent part of the sterilized person's
medical record.
1988
62A-6-105 Persons who may give informed consent.
For purposes of this chapter, the following persons may give informed consent to sterilization:
(1) a person who is the subject of sterilization, if he is capable of giving informed consent; and
(2) a person appointed by the court to give informed consent
on behalf of a subject of sterilization who is incapable
of giving informed consent.
1988
62A-6-106 Declaration of capacity to give informed consent - Hearing.
(1) A person who desires sterilization but whose capacity to give informed consent is questioned by any interested party may file a petition for declaration of capacity to give informed consent.
(2) If, after hearing all the relevant evidence, the court
finds by a preponderance of the evidence that the person
is capable of giving informed consent, the court shall enter
an order declaring that the person has the capacity to give
informed consent.
1988
62A-6-107 Petition for order authorizing sterilization.
A petition for an order authorizing sterilization may
be filed by a person who desires sterilization, or by his
parent, spouse, guardian, custodian, or other interested
party. The court shall adjudicate the petition for sterilization
in accordance with Section
62A-6-108
.
1988
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 informed consent, the court shall consider, but not by way of limitation, the following factors concerning that person:
(a) the nature and degree of his mental impairment, and the likelihood that the condition is permanent;
(b) the level of his understanding regarding the concepts of reproduction and contraception, 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 the ability 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 limited to, drugs, intrauterine devices, education and training, and the feasibility of one or more of those methods as an alternative to sterilization;
(f) the likelihood that he will engage in sexual activity or could be sexually abused or exploited;
(g) the method of sterilization that is medically advisable, and least intrusive and destructive 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 social evaluations 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 require the 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 of and desire for sterilization. The expressed preference of the person shall be made a part of the record, and shall be considered by the court in rendering its decision. The court is not bound by the expressed preference of the subject of sterilization; however, if the person expresses a preference not to be sterilized, the court shall deny the petition unless the petitioner proves beyond a reasonable doubt that the person will suffer serious physical or psychological injury if the petition is denied.
(4) When adjudicating a petition for sterilization the court shall determine, on the basis of all the evidence, what decision regarding sterilization would have been made by the subject of sterilization, if he were capable of giving informed consent to sterilization. The decision regarding 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 fact in support of
its order.
1988
62A-6-109 Advanced hearing.
On motion by the person seeking sterilization or by any
other party to the proceeding, the court may advance hearing
on the petition.
1988
62A-6-110 Notice of hearing - Service.
A copy of the petition and notice of the hearing shall
be served personally on the person to be sterilized not less
than 20 days before the hearing date. The notice shall state
the date, time, and place of the hearing, and shall specifically
state that the hearing is to adjudicate either a petition
for declaration of capacity to give informed consent to sterilization
or a petition for sterilization. Notice shall be served on
that person's parents, spouse, guardian, or custodian and
on his attorney by the clerk of the court, by certified mail,
not less than ten days before the hearing date.
1988
62A-6-111 Guardian ad litem - Procedural rights.
(1) The court shall appoint an attorney to act as guardian ad litem to defend the rights and interests of the person to be sterilized.
(2) The person to be sterilized is entitled to appear and testify at the hearing, to examine and cross examine witnesses, and to compel the attendance of witnesses.
(3) The person who is the subject of a sterilization proceeding
may, on motion to the court and for good cause shown, waive
the right to be present at the hearing. If the court grants
that motion, the person shall be represented by a guardian
ad litem at the hearing.
1988
62A-6-112 Jury - Rules of evidence - Transcript - Burden of proof.
(1) The petitioner is entitled to request a jury to hear the petition. The rules of evidence apply in any hearing on a petition for sterilization. A transcript shall be made of the hearing and shall be made a permanent part of the record.
(2) The burden of producing evidence and the burden of
proof shall be upon the petitioner to prove by clear and
convincing evidence that the petition for or order authorizing
sterilization should be granted.
1988
62A-6-113 Appeal to Supreme Court - Stay.
Any party to a proceeding under this chapter may file
a notice of appeal from any adverse decision with the Supreme
Court in accordance with Rule 73, Utah Rules of Civil Procedure.
The pendency of an appeal in the Supreme Court shall stay
the proceedings until the appeal is finally determined.
1988
62A-6-114 Treatment for therapeutic reasons unaffected.
Nothing in this chapter shall be construed to prevent
the medical or surgical treatment, for sound therapeutic
reasons, of any person by a physician or surgeon licensed
by this state, which treatment may incidentally involve destruction
of reproductive functions.
1988
62A-6-115 Immunity.
A physician, assistant, or any other person acting pursuant
to an order authorizing sterilization, as provided in this
chapter, is not civilly or criminally liable for participation
in or assistance to sterilization. This section does not
apply to negligent acts committed in the performance of sterilization.
1988
62A-6-116 Unauthorized sterilization - Criminal penalty.
Except as authorized by this chapter, any person who intentionally
performs, encourages, assists in, or otherwise promotes the
performance of a sterilization procedure for the purpose
of destroying the power to procreate the human species, with
knowledge that the provisions of this chapter have not been
met, is guilty of a third degree felony.
1988
