§ 20-49-203 — Notice of hearing

(a) Notice of the hearing for sterilization need not be given to any person: (1) Who has signed the petition; (2) Who has in writing waived notice of the hearing; (3) Who actually appears at the hearing; or (4) Whose existence, relationship to the alleged incompetent person, or whereabouts is unknown and cannot by the exercise of reasonable diligence be ascertained. (b) Except as provided in subsection (a) of this section, before the court may order sterilization, notice of the hearing shall be served at least twenty (20) days before the date set for the hearing upon the following: (1) The alleged incompetent person, if he or she is over fourteen (14) years of age; (2) The parents of the alleged incompetent person if the alleged incompetent person is a minor; (3) The spouse, if any, of the alleged incompetent person; (4) Any person who is a guardian of the person alleged incompetent or any other person who has the care and custody of the alleged incompetent person; (5) If there is neither known parent nor known spouse, at least one (1) of the nearest competent relatives by blood or marriage of the alleged incompetent person; (6) As directed by the court, any department, bureau, agency, institution, or political subdivision of the United States or of this state or any charitable organization which has or may be charged with the supervision, custody, control, or care of the alleged incompetent person; and (7) Any other person designated by the court. (c) (1) If the incompetent person is over fourteen (14) years of age, there shall be personal service upon him or her if personal service can be had. (2) Service on others shall be had in accordance with § 28-1-112 .

Legislative History

Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.