Title: Chapter 90 - Article 19

Article 19.
Sterilization Operations.
§ 90‑271.  Operation lawful upon request of married person or person over 18.
It shall be lawful for any physician or surgeon licensed by this State when so requested by any person 18 years of age or over, or less than 18 years of age if legally married, to perform upon such person a surgical interruption of vas deferens or Fallopian tubes, as the case may be, provided a request in writing is made by such person prior to the performance of such surgical operation, and provided, further, that prior to or at the time of such request a full and reasonable medical explanation is given by such physician or surgeon to such person as to the meaning and consequences of such operation; and provided, further, that the surgical interruption of Fallopian tubes is performed in a hospital or ambulatory surgical facility licensed by the Department of Health and Human Services. (1963, c. 600; 1965, cc. 108, 941; 1971, c. 1231, s. 1; 1973, c. 476, s. 152; c. 998, s. 1; 1977, c. 7; 1979, c. 728; 1997‑443, s. 11A.118(a).)

§ 90‑272.  Operation on unmarried minor.
Any such physician or surgeon may perform a surgical interruption of vas deferens or Fallopian tubes upon any unmarried person under the age of 18 years when so requested in writing by such  minor and in accordance with the conditions and requirements set forth in G.S. 90‑271, provided that the juvenile court of the county wherein such minor resides, upon petition of the parent or parents, if they be living, or the guardian or next friend of such minor, shall determine that the operation is in the best interest of such minor and shall enter an order authorizing the physician or surgeon to perform such operation. (1963, c. 600; 1971, c. 1231, s. 1.)

§ 90‑273.  Repealed by Session Laws 1973, c. 998, s. 2.

§ 90‑274.  No liability for nonnegligent performance of operation.
Subject to the rules of law applicable generally to negligence, no physician or surgeon licensed by this State shall be liable either civilly or criminally by reason of having performed a surgical interruption of vas deferens or Fallopian tubes authorized by the provisions of this Article upon any person in this State. (1963, c. 600.)

§ 90‑275.  Article does not affect duty of guardian to obtain order permitting guardian to consent to sterilization of a ward with a mental illness or intellectual disability.
Nothing in this Article affects the provisions of G.S. 35A‑1245.  (1963, c. 600; 2003‑13, s. 6; 2018‑47, s. 1(f).)

NC General Statutes - Chapter 90 Article 19