Anne Carter Case Study

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Re: Mr. Andrew Carter Sterilization of Anne Carter Facts: Issue: Under what circumstances is sterilization of a minor legal in N.J? Discussion: It is a very tight line that we will ride when litigating this case, if we go to trial. There are many courts that have decided against doing this type of procedure. “The court held the right to the sterilized is included in the privacy rights of the federal and state constitutions (more specifically the right to reproductive autonomy). The court then went on to explain that because this constitutional right is personal to the individual, the Court through its parens patriae power must see to it that the right is protected. The court stated that since the parent interest in their…show more content…
at 362, 486 A.2d 1209. In short, the court must consider the "totality of the evidence" regarding the choice the incompetent would make were she able to make such a choice. If the court is unable to determine the choice the incompetent would make if she were able to choose, it would look to the third prong--the best interest of the incompetent. The court may ask to have a substituted consent for sterilization in the inherent parens patriae. As to the exercise of that power, the judge set a five-part standard: Before this court may exercise its inherent power to grant this application the following conditions must exist: 1. That the subject is incapable of understanding the nature of the sexual function, reproduction or sterilization and cannot comprehend the nature of these proceedings, hence is incompetent; 2. That such incompetency is in all likelihood permanent; 3. That the incompetent is presumably not fertile and not incapable of procreation; 4. That all procedural safeguards have been satisfied, including appointment of a guardian ad litem to act as counsel for the incompetent during court proceedings, with full opportunity to present proofs and cross examine…show more content…
The advisability of sterilization at the time of the application rather than in the future. While sterilization should not be postponed until unwanted pregnancy occurs, the court should be cautious not to authorize sterilization before it clearly has become an advisable procedure. 7. The ability of the incompetent person to care for a child, or the possibility that the incompetent may at some future date be able to marry and, with a spouse, care for a child. 8. Evidence that scientific or medical advances may occur within the foreseeable future which will make possible either improvement of the individual's condition or alternative and less drastic sterilization procedures. 9. A demonstration that the proponents of sterilization are seeking it in good faith and that their primary concern is for the best interests of the incompetent person rather than their own or the public's convenience. These factors should each be given appropriate weight as the particular circumstances dictate. The list is not meant to be exclusive. The ultimate criterion is the best interests of the incompetent person. As to our case of facts: 1) We know that Anne can become pregnant as her menses is
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