62A-6-102. Sterilization of persons 18 years of age or older. (1) It is lawful for a physician to sterilize a person who is 18 years of age or older and who has the capacity to give informed consent. (2) It is unlawful for a physician to sterilize a person who is 18 years of age […]
62A-6-103. Sterilization of persons under 18 years of age. It is unlawful for a physician to sterilize a person who is under 18 years of age unless: (1) the person is married or otherwise emancipated and the physician, through careful examination and counseling, ensures that the person is capable of giving informed consent. If that […]
62A-6-104. Emergency — Medical necessity. If an emergency situation exists that prevents compliance with Section 62A-6-102 or 62A-6-103 because of medical necessity, if delay in performing the sterilization could result in serious physical injury or death to the person, the attending physician shall certify, in writing, the specific medical reasons that necessitated suspension of those […]
62A-6-105. Persons who may give informed consent. For purposes of this chapter, the following persons may give informed consent to sterilization: (1) a person who is the subject of sterilization, if he is capable of giving informed consent; and (2) a person appointed by the court to give informed consent on behalf of a subject […]
62A-6-106. Declaration of capacity to give informed consent — Hearing. (1) A person who desires sterilization but whose capacity to give informed consent is questioned by any interested party may file a petition for declaration of capacity to give informed consent. (2) If, after hearing all the relevant evidence, the court finds by a preponderance […]
62A-6-107. Petition for order authorizing sterilization. A petition for an order authorizing sterilization may be filed by a person who desires sterilization, or by his parent, spouse, guardian, custodian, or other interested party. The court shall adjudicate the petition for sterilization in accordance with Section 62A-6-108. Enacted by Chapter 1, 1988 General Session
62A-6-108. Factors to be considered by court — Evaluations — Interview — Findings of fact. (1) If the court finds that the subject of sterilization is not capable of giving informed consent, the court shall consider, but not by way of limitation, the following factors concerning that person: (a) the nature and degree of his […]
62A-6-109. Advanced hearing. On motion by the person seeking sterilization or by any other party to the proceeding, the court may advance hearing on the petition. Enacted by Chapter 1, 1988 General Session
62A-6-110. Notice of hearing — Service. A copy of the petition and notice of the hearing shall be served personally on the person to be sterilized not less than 20 days before the hearing date. The notice shall state the date, time, and place of the hearing, and shall specifically state that the hearing is […]
62A-6-111. Guardian ad litem — Procedural rights. (1) The court shall appoint an attorney to act as guardian ad litem to defend the rights and interests of the person to be sterilized. (2) The person to be sterilized is entitled to appear and testify at the hearing, to examine and cross examine witnesses, and to […]
62A-6-112. Jury — Rules of evidence — Transcript — Burden of proof. (1) The petitioner is entitled to request a jury to hear the petition. The rules of evidence apply in any hearing on a petition for sterilization. A transcript shall be made of the hearing and shall be made a permanent part of the […]
62A-6-113. Appeal to Supreme Court — Stay. Any party to a proceeding under this chapter may file a notice of appeal from any adverse decision with the Supreme Court in accordance with Rule 73, Utah Rules of Civil Procedure. The pendency of an appeal in the Supreme Court shall stay the proceedings until the appeal […]
62A-6-114. Treatment for therapeutic reasons unaffected. Nothing in this chapter shall be construed to prevent the medical or surgical treatment, for sound therapeutic reasons, of any person by a physician or surgeon licensed by this state, which treatment may incidentally involve destruction of reproductive functions. Enacted by Chapter 1, 1988 General Session
62A-6-115. Immunity. A physician, assistant, or any other person acting pursuant to an order authorizing sterilization, as provided in this chapter, is not civilly or criminally liable for participation in or assistance to sterilization. This section does not apply to negligent acts committed in the performance of sterilization. Enacted by Chapter 1, 1988 General Session
62A-6-116. Unauthorized sterilization — Criminal penalty. Except as authorized by this chapter, any person who intentionally performs, encourages, assists in, or otherwise promotes the performance of a sterilization procedure for the purpose of destroying the power to procreate the human species, with knowledge that the provisions of this chapter have not been met, is guilty […]
