42 C.F.R. § 50.203

Sterilization of a mentally competent individual aged 21 or older

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Programs or projects to which this subpart applies shall perform or arrange for the performance of sterilization of an individual only if the following requirements have been met:

(a) The individual is at least 21 years old at the time consent is obtained.

(b) The individual is not a mentally incompetent individual.

(c) The individual has voluntarily given his or her informed consent in accordance with the procedures of § 50.204 of this subpart.

(d) At least 30 days but not more than 180 days have passed between the date of informed consent and the date of the sterilization, except in the case of premature delivery or emergency abdominal surgery. An individual may consent to be sterilized at the time of premature delivery or emergency abdominal surgery, if at least 72 hours have passed after he or she gave informed consent to sterilization. In the case of premature delivery, the informed consent must have been given at least 30 days before the expected date of delivery.

Notes of Decisions

Cited in 3 cases, 1974–1993 · leading case: Relf v. Weinberger, 372 F. Supp. 1196 (D.D.C. 1974).

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Relf v. Weinberger, 372 F. Supp. 1196 (D.D.C. 1974). · cites it 2× “42 CFR § 50.203 (c); 45 CFR § 205.35 (a)(1)(iv)(A, B).”

Hare v. Parsley, 157 Misc. 2d 277 (N.Y. Sup. Ct. 1993). “(42 CFR 50.203 [c], [d]; 18 NYCRR 505.13 [e] [1] [i], [v].”

Avila v. New York City Health & Hospitals Corp., 136 Misc. 2d 76 (N.Y. Sup. Ct. 1987). “They provide that an institution supported by Federal funding may perform a sterilization only if the individual is: (a) at least 21 years old, (b) is not mentally incompetent, (c) has voluntarily given informed consent, and (d) at least 30 days, but not more than 180 days have…”

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