Section 1950 Of Chapter 6. Sterilization From California Probate Code >> Division 4. >> Part 3. >> Chapter 6.
1950
. The Legislature recognizes that the right to exercise choice
over matters of procreation is fundamental and may not be denied to
an individual on the basis of disability. This chapter is enacted for
the benefit of those persons with developmental disabilities who,
despite those disabilities, are capable of engaging in sexual
activity yet who, because of those disabilities, are unable to give
the informed, voluntary consent necessary to their fully exercising
the right to procreative choice, which includes the right to choose
sterilization.
However, the Legislature further recognizes that the power to
sterilize is subject to abuse and, historically, has been abused. It
is the intent of the Legislature that no individual shall be
sterilized solely by reason of a developmental disability and that no
individual who knowingly opposes sterilization be sterilized
involuntarily. It is further the intent of the Legislature that this
chapter shall be applied in accord with the overall intent of
Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code that persons with developmental disabilities be
provided with those services needed to enable them to live more
normal, independent, and productive lives, including assistance and
training that might obviate the need for sterilization.