The following persons shall be presumed incapable of giving informed consent to sterilization:
(1) An individual who lives in an institution that serves persons with mental illness, mental retardation or other significant cognitive disability;
(2) A person known by the physician to be on convalescent leave or any other form of conditional discharge from any institution for the mentally ill or retarded;
(3) A person confined to any correctional institution;
(4) A person on whose behalf sterilization is requested by another person or agency;
(5) A person receiving residential services from the Department of Health and Social Services.
Structure Delaware Code
Chapter 57. VOLUNTARY AND INVOLUNTARY STERILIZATION
§ 5703. Informed consent not presumed.
§ 5704. Jurisdiction and venue.
§ 5706. Petition for declaratory judgment.
§ 5707. Petition for involuntary sterilization.
§ 5708. Service of petition and notice.
§ 5709. Interim action by court.
§ 5710. Procedural rights of person to be sterilized.
§ 5711. Hearing on petition for declaratory judgment.
§ 5712. Hearing on petition for involuntary sterilization.
§ 5713. Physician's certification.