2015 Delaware Code
Title 16 - Health and Safety
CHAPTER 57. VOLUNTARY AND INVOLUNTARY STERILIZATION
§ 5701 Definitions.

(a) As used in this chapter, "informed consent'' is the voluntary agreement by the person to be sterilized and shall minimally include the following elements:

(1) Full disclosure of the facts necessary to make an informed decision to include:

a. The risks that a reasonable person would consider pertinent to the decision to undergo or not undergo a sterilization procedure;

b. The risks that a prudent physician would disclose to a patient relative to sterilization;

c. The comparative benefits and risks of undergoing available sterilization procedures.

(2) Knowledge and understanding of the alternatives to sterilization;

(3) Ability of the patient to understand the information and deliberate about choices;

(4) Knowledge and understanding that the patient is free to give or withhold consent without fear of repercussion;

(5) Knowledge and understanding that the patient may withdraw consent at any time prior to the procedure without fear of repercussion.

(b) As used in this chapter, "sterilization'' means any surgical or medical procedure intended to render a person permanently unable to procreate.

65 Del. Laws, c. 148, § 1; 75 Del. Laws, c. 285, § 4.;