{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2977.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2977.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2977.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2977.html"}],"law_id":68587,"edition_id":1,"section_id":68587,"structure_id":16180,"section_number":"54.1-2977","catch_line":"Standards for court-authorized sterilization of certain persons","history":"1981, c. 454, \u00a7 54-325.12; 1988, c. 765.","full_text":"A\n\nIn order for the circuit court to authorize the sterilization of a person in accordance with \u00a7 54.1-2975 or \u00a7 54.1-2976, it must be proven by clear and convincing evidence that:1\n\nThere is a need for contraception. The court shall find that the person is engaging in sexual activity at the present time or is likely to engage in sexual activity in the near future and that pregnancy would not usually be intended by such person if such person were competent and engaging in sexual activity under similar circumstances;2\n\nThere is no reasonable alternative method of contraception to sterilization;3\n\nThe proposed method of sterilization conforms with standard medical practice, and the treatment can be carried out without unreasonable risk to the life and health of the person; and4\n\nThe nature and extent of the person’s mental disability renders the person permanently incapable of caring for and raising a child. The court shall base this finding on empirical evidence and not solely on standardized tests.B\n\nThe criteria set out in subsection A of this section shall be established for the court by independent evidence based on a medical, social, and psychological evaluation of the person upon whom the sterilization operation is to be performed.","order_by":null,"text":{"0":{"id":248246,"text":"In order for the circuit court to authorize the sterilization of a person in accordance with \u00a7 54.1-2975 or \u00a7 54.1-2976, it must be proven by clear and convincing evidence that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":248247,"text":"There is a need for contraception. The court shall find that the person is engaging in sexual activity at the present time or is likely to engage in sexual activity in the near future and that pregnancy would not usually be intended by such person if such person were competent and engaging in sexual activity under similar circumstances;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":248248,"text":"There is no reasonable alternative method of contraception to sterilization;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":248249,"text":"The proposed method of sterilization conforms with standard medical practice, and the treatment can be carried out without unreasonable risk to the life and health of the person; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":248250,"text":"The nature and extent of the person’s mental disability renders the person permanently incapable of caring for and raising a child. The court shall base this finding on empirical evidence and not solely on standardized tests.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":248251,"text":"The criteria set out in subsection A of this section shall be established for the court by independent evidence based on a medical, social, and psychological evaluation of the person upon whom the sterilization operation is to be performed.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4"}},"ancestry":[{"id":16180,"edition_id":1,"name":"Sexual Sterilization","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":12759,"metadata":{},"date_created":"2026-06-26 04:08:21","date_modified":"2026-06-26 04:08:21","permalink":{"id":242549,"object_type":"structure","relational_id":16180,"identifier":"7","token":"54.1\/III\/29\/7","url":"\/54.1\/III\/29\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12759,"edition_id":1,"name":"Medicine and Other Healing Arts","identifier":"29","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241933,"object_type":"structure","relational_id":12759,"identifier":"29","token":"54.1\/III\/29","url":"\/54.1\/III\/29\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64502,"structure_id":16180,"section_number":"54.1-2974","catch_line":"Sterilization operations for persons 18 years or older capable of informed consent","url":"\/54.1-2974\/","token":"54.1\/III\/29\/7\/54.1-2974","metadata":false},{"id":80885,"structure_id":16180,"section_number":"54.1-2975","catch_line":"Sterilization operations for certain children incapable of informed consent","url":"\/54.1-2975\/","token":"54.1\/III\/29\/7\/54.1-2975","metadata":false},{"id":86736,"structure_id":16180,"section_number":"54.1-2976","catch_line":"Sterilization operations for certain adults incapable of informed consent","url":"\/54.1-2976\/","token":"54.1\/III\/29\/7\/54.1-2976","metadata":false},{"id":68587,"structure_id":16180,"section_number":"54.1-2977","catch_line":"Standards for court-authorized sterilization of certain persons","url":"\/54.1-2977\/","token":"54.1\/III\/29\/7\/54.1-2977","metadata":false},{"id":71605,"structure_id":16180,"section_number":"54.1-2978","catch_line":"Reports of certain sterilizations","url":"\/54.1-2978\/","token":"54.1\/III\/29\/7\/54.1-2978","metadata":false},{"id":83179,"structure_id":16180,"section_number":"54.1-2979","catch_line":"No liability for nonnegligent performance of operation","url":"\/54.1-2979\/","token":"54.1\/III\/29\/7\/54.1-2979","metadata":false},{"id":73580,"structure_id":16180,"section_number":"54.1-2980","catch_line":"Article inapplicable to certain medical or surgical treatment","url":"\/54.1-2980\/","token":"54.1\/III\/29\/7\/54.1-2980","metadata":false}],"previous_section":{"id":86736,"structure_id":16180,"section_number":"54.1-2976","catch_line":"Sterilization operations for certain adults incapable of informed consent","url":"\/54.1-2976\/","token":"54.1\/III\/29\/7\/54.1-2976","metadata":false},"next_section":{"id":71605,"structure_id":16180,"section_number":"54.1-2978","catch_line":"Reports of certain sterilizations","url":"\/54.1-2978\/","token":"54.1\/III\/29\/7\/54.1-2978","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2977\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 454 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1988, chapter 765.<\/p>","references":[{"id":80885,"section_number":"54.1-2975","catch_line":"Sterilization operations for certain children incapable of informed consent","order_by":null,"url":"\/54.1-2975\/"},{"id":86736,"section_number":"54.1-2976","catch_line":"Sterilization operations for certain adults incapable of informed consent","order_by":null,"url":"\/54.1-2976\/"}],"refers_to":[{"id":80885,"section_number":"54.1-2975","catch_line":"Sterilization operations for certain children incapable of informed consent","order_by":null,"url":"\/54.1-2975\/"},{"id":86736,"section_number":"54.1-2976","catch_line":"Sterilization operations for certain adults incapable of informed consent","order_by":null,"url":"\/54.1-2976\/"}],"permalink":{"id":242563,"object_type":"law","relational_id":68587,"identifier":"54.1-2977","token":"54.1\/III\/29\/7\/54.1-2977","url":"\/54.1-2977\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2977\/","token":"54.1\/III\/29\/7\/54.1-2977","dublin_core":{"Title":"Standards for court-authorized sterilization of certain persons","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2977","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In order<\/span> for the circuit<\/span> court<\/span> to authorize the sterilization of a person in accordance with \u00a7 54.1-2975<\/a> or \u00a7 54.1-2976<\/a>, it must be proven by clear and convincing evidence<\/span> that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> There is a need for contraception. The court<\/span> shall find that the person is engaging in sexual activity at the present time or is likely to engage in sexual activity in the near future and that pregnancy would not usually be intended by such person if such person were competent and engaging in sexual activity under similar circumstances; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> There is no reasonable alternative method of contraception to sterilization; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The proposed method of sterilization conforms with standard medical practice, and the treatment can be carried out without unreasonable risk to the life and health of the person; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The nature and extent of the person’s mental disability renders the person permanently incapable of caring for and raising a child. The court<\/span> shall base this finding<\/span> on empirical evidence<\/span> and not solely on standardized tests. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The criteria set out in subsection A of this section shall be established for the court<\/span> by independent evidence<\/span> based on a medical, social, and psychological evaluation of the person upon whom the sterilization operation is to be performed. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTANDARDS FOR COURT-AUTHORIZED STERILIZATION OF CERTAIN PERSONS (\u00a7 54.1-2977)\n\nA. In order for the circuit court to authorize the sterilization of a person in\naccordance with \u00a7 54.1-2975 or \u00a7 54.1-2976, it must be proven by clear and\nconvincing evidence that:\n\n 1. There is a need for contraception. The court shall find that the person is\n engaging in sexual activity at the present time or is likely to engage in\n sexual activity in the near future and that pregnancy would not usually be\n intended by such person if such person were competent and engaging in sexual\n activity under similar circumstances;\n\n 2. There is no reasonable alternative method of contraception to\n sterilization;\n\n 3. The proposed method of sterilization conforms with standard medical\n practice, and the treatment can be carried out without unreasonable risk to\n the life and health of the person; and\n\n 4. The nature and extent of the person’s mental disability renders the\n person permanently incapable of caring for and raising a child. The court\n shall base this finding on empirical evidence and not solely on standardized\n tests.\n\nB. The criteria set out in subsection A of this section shall be established for\nthe court by independent evidence based on a medical, social, and psychological\nevaluation of the person upon whom the sterilization operation is to be\nperformed.\n\nHISTORY: 1981, c. 454, \u00a7 54-325.12; 1988, c. 765.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}