2015 Delaware Code
Title 16 - Health and Safety
CHAPTER 57. VOLUNTARY AND INVOLUNTARY STERILIZATION
§ 5711 Hearing on petition for declaratory judgment.

16 DE Code § 5711 (2015) What's This?

(a) The hearing upon the petition for a declaratory judgment under this chapter shall be by the Court.

(b) If the attorney for the respondent and the guardian ad litem, if any, agree and the Court is satisfied that the report required by § 5706(b) of this title demonstrates clearly and convincingly that the respondent has given informed consent to sterilization and there is no objection to the petition, the Court may grant it without requiring the petitioner to present other evidence.

(c) If there is objection to the petition, the Court will receive evidence at the hearing or, for good cause, adjourn the hearing to another date for the reception of evidence.

(d) The Court may issue a declaratory judgment after hearing if satisfied by clear and convincing evidence that the respondent has given informed consent to sterilization.

65 Del. Laws, c. 148, § 1.;

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