[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR50.203]



[Page 139]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 50_POLICIES OF GENERAL APPLICABILITY--Table of Contents

 

Subpart B_Sterilization of Persons in Federally Assisted Family Planning 

                                Projects

 

Sec.  50.203  Sterilization of a mentally competent individual aged 21 or 

older.



    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 Sec.  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.