2006 Code of Virginia § 54.1-2975 - Sterilization operations for certain children incapable of informed consent

54.1-2975. Sterilization operations for certain children incapable ofinformed consent.

It shall be lawful for any physician licensed by the Board of Medicine toperform a vasectomy, salpingectomy, or other surgical sexual sterilizationprocedure on a person fourteen years of age or older and less than eighteenyears of age when:

1. A petition has been filed in the circuit court of the county or citywherein the child resides by the parent or parents having custody of thechild or by the child's guardian, spouse, or next friend requesting that theoperation be performed;

2. The court has made the child a party defendant, served the child, thechild's guardian, if any, the child's spouse, if any, and the child's parentwho has custody of the child with notice of the proceedings and appointed forthe child an attorney-at-law to represent and protect the child's interests;

3. The court has determined that a full, reasonable, and comprehensiblemedical explanation as to the meaning, consequences, and risks of thesterilization operation to be performed and as to alternative methods ofcontraception has been given by the physician to the child upon whom theoperation is to be performed, to the child's guardian, if any, to the child'sspouse, if any, and, if there is no spouse, to the parent who has custody ofthe child;

4. The court has determined by clear and convincing evidence that the child'smental abilities are so impaired that the child is incapable of making his orher own decision about sterilization and is unlikely to develop mentally to asufficient degree to make an informed judgment about sterilization in theforeseeable future;

5. The court, to the greatest extent possible, has elicited and taken intoaccount the views of the child concerning the sterilization, giving the viewsof the child such weight in its decision as the court deems appropriate;

6. The court has complied with the requirements of 54.1-2977; and

7. The court has entered an order authorizing a qualified physician toperform the operation not earlier than thirty days after the date of theentry of the order, and thirty days have elapsed. The court order shall statethe date on and after which the sterilization operation may be performed.

(1981, c. 454, 54-325.10; 1988, c. 765.)