Connecticut Seal

Substitute House Bill No. 5219

Public Act No. 04-29

AN ACT CONCERNING PROBATE COURT STERILIZATION ORDERS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 45a-690 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

For the purposes of sections 45a-690 to 45a-700, inclusive, and section 2 of this act:

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

[(b)] (2) "Informed consent" means consent that is [(1)] (A) based upon an understanding of the nature and consequences of sterilization, [; (2)] (B) given by a person competent to make such a decision, and [(3)] (C) wholly voluntary and free from coercion, express or implied;

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

[(d)] (4) "Best interest" shall include all of the following factors: [(1)] (A) Less drastic alternative contraceptive methods have proved unworkable or inapplicable, [(2)] (B) the individual is physiologically sexually mature, [(3)] (C) there is no evidence of infertility, [(4)] (D) the individual has the capability and a reasonable opportunity for sexual activity, [(5)] (E) the individual is unable to understand reproduction or contraception and there exists the likely permanence of that inability, [(6)] (F) the physical or emotional inability to care for the child, [(7)] (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 [(8)] (H) in the case of females, procreation would endanger the life or severely impair the health of the individual.

Sec. 2. (NEW) (Effective from passage) Except as otherwise provided in this section, an order or decree of a court of probate permitting sterilization pursuant to sections 45a-690 to 45a-700, inclusive, of the general statutes shall be stayed, for a period of not less than ten days from the date of such order or decree, to afford the respondent an opportunity to file an appeal pursuant to part VII of chapter 801b of the general statutes. If no such appeal is filed within such time period, the stay shall be lifted. If such appeal is filed within such time period, the stay shall remain in effect pending the outcome of the appeal. The provisions of this section shall not stay any such order or decree if the court finds that the respondent (1) has attained the age of eighteen years, (2) is able to give informed consent to a sterilization procedure, and (3) has given informed consent, in writing, to such sterilization.

Approved April 28, 2004