(a) A petition for a declaratory judgment or for involuntary sterilization under this chapter may be filed in the Court of Chancery by:
(1) The chief executive officer of the institution in which the person to be sterilized resides;
(2) The head of the state agency responsible for such person if the person is not a resident of an institution;
(3) The parent or guardian of such person; or
(4) Any state agency which by virtue of the scope of its powers and jurisdiction has an interest in the sterilization of the person.
(b) A form of preliminary order setting the matter down for hearing and providing for the giving of the required notice shall be filed with the petition.
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.