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A constitutional evaluation of statutory and administrative impediments to voluntary sterilization
Authors:Myers W Douglas
Abstract:States, administrative agencies, hospitals, and physicians have placed significant limitations on the availability of elective sterilization (absolute prohibitions, requirements of spousal consent, age-parity requirements, and marital requirements). These limitations have presented obstacles for individuals seeking sterilization as a means of contraception. Analysis reveals that an individual should have a right to sterilization. However, to obtain a sterilization the individual must either comply with statutory requirements where they exist or challenge their constitutionality. If the restriction is the product of "state action," it may be challenged in the courts. Only hospitals of a "public" character, however, are subject to the constitutional mandates. If the individual is limited geographically, financially or otherwise, to a "private" hospital, he will not be able effectively to exercise his right to be sterilized.
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