[§560:5-608]  Criteria.  (a)  The ward
may be sterilized if the court finds by clear and convincing evidence that the
ward is functionally capable of giving and withholding informed assent to the
proposed sterilization and has given informed assent to the proposed
sterilization, or that the ward is functionally incapable of giving or
withholding informed assent but sterilization is in the best interests of the
ward.



(b)  The ward assents to sterilization if the
ward manifests an uncoerced willingness to undergo sterilization after being
fully informed of the nature, risks, consequences, and alternatives to the
procedure.  A ward who lacks the capacity to understand the nature, risks,
consequences, and alternatives to the procedure, or who lacks the capacity to
manifest an uncoerced willingness or unwillingness to sterilization cannot
assent to the procedure.  To determine whether the ward is capable of giving
informed assent, the court shall consider whether the ward understands and
appreciates:



(1)  The causal relationship between sexual
intercourse and pregnancy or parenthood;



(2)  The causal relationship between sterilization and
the impossibility of pregnancy or parenthood;



(3)  The nature of the sterilization operation
including the pain, discomfort, and risks of the procedure;



(4)  The probable permanency and irreversibility of
the sterilization procedure;



(5)  All medically approved alternatives to
sterilization;



(6)  The consequences of initiating pregnancy or
becoming pregnant, mothering or fathering a child, and becoming a parent; and



(7)  The power to change one's mind about being
sterilized at any time before the procedure is performed.



To assure the adequacy of the ward's informed
assent, evidence shall be presented showing that the ward received appropriate
counseling from the physician who will perform the sterilization and at least
one other qualified independent counselor such as a social worker with a
master's degree, a clinical nurse specialist, or a licensed psychologist or
psychiatrist.  The counseling shall cover the benefits or advantages to
sterilization and conversely the losses and disadvantages of sterilization
including the feelings, values, and lifestyle changes attendant with
sterilization.



Persons who attest in court as to the soundness
of informed assent shall comment on and assess the ward's understanding of each
issue and shall comment on and assess the degree to which the prospective
patient expresses an uncoerced willingness to accept each risk and
consequence.  Any reservations or resistance expressed or otherwise evidenced
by the prospective patient shall be disclosed to the court.



(c)  The ward may be sterilized if the court
finds by clear and convincing evidence that:



(1)  The ward is functionally incapable of giving or
withholding informed assent and that the incapacity is not likely to change in
the foreseeable future; and



(2)  Sterilization is in the best interest of the
ward.



(d)  To determine whether sterilization is in
the best interest of the ward the court shall consider:



(1)  Whether the ward is likely to be fertile. 
Fertility may be presumed if the medical evidence indicates normal development
of the sexual organs, and the evidence does not otherwise raise doubts about
fertility;



(2)  Whether the ward will suffer severe physical or
psychological harm if the ward were to parent a child and, conversely, whether
the ward will suffer severe physical or psychological harm from the
sterilization;



(3)  The likelihood that the ward will engage in
sexual intercourse;



(4)  The feasibility and medical advisability of less
restrictive alternatives to sterilization both at the present time and under
foreseeable future circumstances;



(5)  Whether scientific or medical advances may occur
within the foreseeable future which will make possible the improvement of the
ward's condition or result in less drastic contraceptive measures; and



(6)  Whether the petitioners are seeking sterilization
in good faith, their primary concern being for the best interest of the ward
rather than their own or the public's convenience. [L 1986, c 81, pt of §2]