Jurisdictional Requirements to Order Sterilization for Incompetents on Social and Economic Grounds

Date

1970

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Reviews the Texas Court of Civil Appeals at Houston’s decision in Frazier v. Levi. In Frazier, the mother and guardian of Levi, her incompetent daughter, sought to have Levi sterilized because the guardian was caring for Levi’s two illegitimate, mentally retarded children, and could not afford to care for any more. Absent any specific state statute authorizing the operation, the court held that social and economic reasons were not enough to warrant the sterilization of an incompetent. The author notes that the decision in Frazier is in contrast with the courts from other states, including Ohio and Maryland.

Description

Keywords

Incompetent, Forced sterilization, Case note, Guardianship, Social and economic conditions

Citation

2 Tex. Tech L. Rev. 173