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CHAPTER 62

STERILIZATION OF MENTAL DEFECTIVES

AN ACT to provide for the sterilization of certain mental defectives.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. Upon the written application of the Board or Commission having control of any State or County Institution which has charge of insane, feeble minded or epileptic persons, to the State Board of Charities, the said Board is be effected hereby authorized to appoint one physician and one alienist of recognized ability whose duty it shall be in conjunction with the Superintendent of the Institution where such persons are cared for to examine into the mental and physical condition of the persons mentioned in said written request who are legally confined in such institutions and should such physician, alienist and superintendent unanimously determine that procreation is unadvisable it shall then be lawful, with the written consent of the State Board of Charities for the Board or Commission having the custody of such person so examined, to have such an operation performed on such person for the prevention of procreation as shall be decided by said physician and alienist as safest and most effective provided however, that before such operation shall be performed it shall be the duty of the Board or Commission having the custody of such person to give at least 30 days notice in writing to the husband or wife, parent or guardian if the same shall be known and can be located and if unknown to the person with whom such to operation inmate last resided if such person can be located.

Section 2. The Board or Commission having the custody or Commission having custody of any person operated upon under this Act shall pay out of its funds for the cost of the examination and the cost of performing the operation and hospital bills and transportation in connection therewith.

Section 3. A record shall be kept in every institution having the custody of any person operated upon under this Act, of such operation and of its effect upon the person operated upon and such records shall at all times be subject to inspection by the State Board of Charities which Board shall biennially report to the Legislature the results of such Biennial report operations together with any recommendations it may see proper to make in the premises.

Approved April 28, A. D. 1923.