54.1-2977 - Standards for court-authorized sterilization of certain persons. - Virginia Statutes

§ 54.1-2977. Standards for court-authorized sterilization of certain persons.

A. In order for the circuit court to authorize the sterilization of a personin accordance with § 54.1-2975 or § 54.1-2976, it must be proven by clear andconvincing evidence that:

1. There is a need for contraception. The court shall find that the person isengaging in sexual activity at the present time or is likely to engage insexual activity in the near future and that pregnancy would not usually beintended by such person if such person were competent and engaging in sexualactivity under similar circumstances;

2. There is no reasonable alternative method of contraception tosterilization;

3. The proposed method of sterilization conforms with standard medicalpractice, and the treatment can be carried out without unreasonable risk tothe life and health of the person; and

4. The nature and extent of the person's mental disability renders the personpermanently incapable of caring for and raising a child. The court shall basethis finding on empirical evidence and not solely on standardized tests.

B. The criteria set out in subsection A of this section shall be establishedfor the court by independent evidence based on a medical, social, andpsychological evaluation of the person upon whom the sterilization operationis to be performed.

(1981, c. 454, § 54-325.12; 1988, c. 765.)