Matter of Nilsson

In Matter of Nilsson, 122 Misc 2d 458 [Sup Ct, Livingston County 1983] the court set forth a list of standards to be considered by the trial court in considering a petition for sterilization. The standards are adapted from a similar list in the Grady case from New Jersey. The list is as follows: "1. possibility that the incompetent or disabled person could become pregnant; "2. possibility that the incompetent person would experience trauma or psychological damage if she became pregnant or gave birth as considered with the possibility of trauma or psychological damage resulting from sterilization; "3. the likelihood that the individual would voluntarily engage in sexual activities or be placed in situations where sexual activities might be imposed upon her; "4. the inability of the incompetent person to understand reproduction or contraception and the likelihood of permanence of that inability; "5. feasibility and medical advisability of less drastic means of contraception both at the present time and in the foreseeable future circumstances; "6. the advisability of sterilization at the time of the application as opposed to such a procedure at some future date; "7. the ability of the incompetent person to care for a child with the possibility that the incompetent person may at some future date be able to marry and, with a spouse, care for a child; "8. evidence scientific or medical advances may occur within the foreseeable future which might make possible for improvement of the individual's condition or alternatives in less drastic sterilization procedures; "9. demonstration that the proponents of the sterilization are seeking it in good faith and that their primary interest is for the best interests of the incompetent person rather than for their own or the public's convenience." (Nilsson, supra at 460.)