The following persons shall be presumed incapable of giving informed consent to sterilization:
(1) An individual who lives in an institution that serves persons with mental illness, mental retardation or other significant cognitive disability;
(2) A person known by the physician to be on convalescent leave or any other form of conditional discharge from any institution for the mentally ill or retarded;
(3) A person confined to any correctional institution;
(4) A person on whose behalf sterilization is requested by another person or agency;
(5) A person receiving residential services from the Department of Health and Social Services.
65 Del. Laws, c. 148, § 1; 75 Del. Laws, c. 285, §§ 5, 6.
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