Section 112 – Jury — Rules of evidence — Transcript — Burden of proof.
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 […]
Section 113 – Appeal to Supreme Court — Stay.
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 […]
Section 114 – Treatment for therapeutic reasons unaffected.
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
Section 115 – Immunity.
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
Section 116 – Unauthorized sterilization — Criminal penalty.
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 […]
Section 107 – Petition for order authorizing sterilization.
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
Section 108 – Factors to be considered by court — Evaluations — Interview — Findings of fact.
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 […]
Section 109 – Advanced hearing.
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
Section 110 – Notice of hearing — Service.
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 […]
Section 111 – Guardian ad litem — Procedural rights.
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 […]