2015 Delaware Code
Title 16 - Health and Safety
CHAPTER 57. VOLUNTARY AND INVOLUNTARY STERILIZATION
§ 5706 Petition for declaratory judgment.

(a) Any petition for a declaratory judgment that the person to be sterilized has given informed consent shall be verified and shall:

(1) Identify the petitioner and the petitioner's relationship to the person for whom sterilization is sought;

(2) Name as respondent the person for whom sterilization is sought and set forth the respondent's age, sex, residence, marital status, mental condition and identify the respondent's parents, guardian, spouse, if any, and next-of-kin, if other than the petitioner;

(3) Identify the physician who will perform the sterilization and the hospital or clinic where such procedure will be performed;

(4) Identify the sterilization procedure to be performed;

(5) State whether, in the opinion of the petitioner, the person for whom sterilization has been sought has given informed consent to the sterilization procedure to be performed; and

(6) Pray for a declaratory judgment that the respondent has given informed consent to sterilization.

(b) Any petition under this section shall have annexed thereto a verified report of a psychiatrist or psychologist duly authorized to practice in the State stating that the psychiatrist or psychologist has examined the respondent and that the respondent is, in the psychiatrist's or psychologist's opinion, capable of giving informed consent to the sterilization procedure to be performed.

65 Del. Laws, c. 148, § 1; 70 Del. Laws, c. 186, § 1.;