                                 CODE OF VIRGINIA

STANDARDS FOR COURT-AUTHORIZED STERILIZATION OF CERTAIN PERSONS (§ 54.1-2977)

A. In order for the circuit court to authorize the sterilization of a person in
accordance with § 54.1-2975 or § 54.1-2976, it must be proven by clear and
convincing evidence that:

   1. 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;

   2. There is no reasonable alternative method of contraception to
   sterilization;

   3. 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

   4. The nature and extent of the person&#8217;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. 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.

HISTORY: 1981, c. 454, § 54-325.12; 1988, c. 765.