§ 8707 — Competency to consent; procedure

(a)(1) If the physician from whom the sterilization has been sought refuses to perform the sterilization because he or she is not satisfied that the person with an intellectual disability has the ability to give the informed consent required by section 8706 of this title, the person with an intellectual disability may file a petition in Superior Court for a determination of the person’s competency to consent to the sterilization.
(2) The petition shall set forth the information required by subdivisions 8709(b)(1)-(5) of this title.
(3) Upon filing of the petition, the court shall appoint a qualified developmental disabilities professional as defined in subdivision 8821(8) of this title to examine the person with an intellectual disability and present evidence to the court as to that person’s ability to give informed consent.
(4) The hearing shall be limited to a determination of the person with an intellectual disability’s competency to consent to a sterilization, and shall be conducted in accordance with sections 8709(c), 8710, and 8711(a) and (b) of this title.
(b)(1) If, after the hearing, the court determines on the basis of clear and convincing proof that the person with an intellectual disability is competent to consent and has given the required consent, it shall order that a voluntary sterilization may be performed.
(2) If the court determines that the person with an intellectual disability is not competent to give consent it shall inform the person that he or she has the right to petition the court for an involuntary sterilization pursuant to the requirements of section 8708 of this title. (Added 1981, No. 142 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 111.)