State Codes and Statutes

Statutes > Connecticut > Title45a > Chap802h > Sec45a-690

      Sec. 45a-690. (Formerly Sec. 45-78p). Definitions. For the purposes of sections 45a-690 to 45a-700, inclusive:

      (1) "Sterilization" means a surgical or other medical procedure, the purpose of which is to render an individual permanently incapable of procreating;

      (2) "Informed consent" means consent that is (A) based upon an understanding of the nature and consequences of sterilization, (B) given by a person competent to make such a decision, and (C) wholly voluntary and free from coercion, express or implied;

      (3) "Institution" means a state school or hospital or other residential facility operated or leased by the state of Connecticut; and

      (4) "Best interest" shall include all of the following factors: (A) Less drastic alternative contraceptive methods have proved unworkable or inapplicable, (B) the individual is physiologically sexually mature, (C) there is no evidence of infertility, (D) the individual has the capability and a reasonable opportunity for sexual activity, (E) the individual is unable to understand reproduction or contraception and there exists the likely permanence of that inability, (F) the physical or emotional inability to care for a child, (G) the proponents of the sterilization are seeking sterilization in good faith and their primary concern is for the best interests of the respondent rather than their own convenience or the convenience of the public, and (H) in the case of females, procreation would endanger the life or severely impair the health of the individual.

      (P.A. 79-543, S. 1, 14; P.A. 82-199, S. 1; P.A. 99-84, S. 6; P.A. 04-29, S. 1; 04-257, S. 97; P.A. 05-288, S. 153.)

      History: P.A. 82-199 amended definition of "best interest" to include sexual maturity, no evidence of infertility, inability to understand reproduction or contraception, inability to care for child and good faith and best interest of respondent as primary concern; Sec. 45-78p transferred to Sec. 45a-690 in 1991; P.A. 99-84 amended definition of "sterilization" in Subsec. (a) by adding "or other medical" after "surgical" and adding "permanently" before "incapable of procreating"; P.A. 04-29, effective April 28, 2004, and P.A. 04-257, effective June 14, 2004, both made technical changes; P.A. 05-288 made a technical change in Subdiv. (4)(F), effective July 13, 2005.