sec.80DWhether sterilisation is in child’s best interests

### sec.80D Whether sterilisation is in child’s best interests The sterilisation of a child with an impairment is in the child’s best interests only if— one or more of the following applies— the sterilisation is medically necessary; the child is, or is likely to be, sexually active and there is no method of contraception that could reasonably be expected to be successfully applied; if the child is female—the child has problems with menstruation and cessation of menstruation by sterilisation is the only practicable way of overcoming the problems; and the child’s impairment results in a substantial reduction of the child’s capacity for communication, social interaction and learning; and the child’s impairment is, or is likely to be, permanent and there is a reasonable likelihood, when the child turns 18, the child will have impaired capacity for consenting to sterilisation; and the sterilisation can not reasonably be postponed; and the sterilisation is otherwise in the child’s best interests. Sterilisation is not in the child’s best interests if the sterilisation is— for eugenic reasons; or to remove the risk of pregnancy resulting from sexual abuse. In deciding whether the sterilisation is in the child’s best interests, the tribunal must— ensure the child is treated in a way that respects the child’s dignity and privacy; and do each of the following— in a way that has regard to the child’s age and impairment, seek the child’s views and wishes and take them into account; to the greatest extent practicable, seek the views of each of the following persons and take them into account— any parent or guardian of the child; if a parent or guardian is not the child’s primary carer, the child’s primary carer; the child representative for the child; take into account the information given by any health provider who is treating, or has treated, the child; and take into account— the wellbeing of the child; and alternative forms of health care that have proven to be inadequate in relation to the child; and alternative forms of health care that are available, or likely to become available, in the foreseeable future; and the nature and extent of short-term, or long-term, significant risks associated with the proposed sterilisation and available alternative forms of health care. The child’s views and wishes may be expressed in the following ways— orally; in writing; in another way including, for example, by conduct. s 80D ins 2003 No. 87 s 15 (sec.80D-ssec.1) The sterilisation of a child with an impairment is in the child’s best interests only if— one or more of the following applies— the sterilisation is medically necessary; the child is, or is likely to be, sexually active and there is no method of contraception that could reasonably be expected to be successfully applied; if the child is female—the child has problems with menstruation and cessation of menstruation by sterilisation is the only practicable way of overcoming the problems; and the child’s impairment results in a substantial reduction of the child’s capacity for communication, social interaction and learning; and the child’s impairment is, or is likely to be, permanent and there is a reasonable likelihood, when the child turns 18, the child will have impaired capacity for consenting to sterilisation; and the sterilisation can not reasonably be postponed; and the sterilisation is otherwise in the child’s best interests. (sec.80D-ssec.2) Sterilisation is not in the child’s best interests if the sterilisation is— for eugenic reasons; or to remove the risk of pregnancy resulting from sexual abuse. (sec.80D-ssec.3) In deciding whether the sterilisation is in the child’s best interests, the tribunal must— ensure the child is treated in a way that respects the child’s dignity and privacy; and do each of the following— in a way that has regard to the child’s age and impairment, seek the child’s views and wishes and take them into account; to the greatest extent practicable, seek the views of each of the following persons and take them into account— any parent or guardian of the child; if a parent or guardian is not the child’s primary carer, the child’s primary carer; the child representative for the child; take into account the information given by any health provider who is treating, or has treated, the child; and take into account— the wellbeing of the child; and alternative forms of health care that have proven to be inadequate in relation to the child; and alternative forms of health care that are available, or likely to become available, in the foreseeable future; and the nature and extent of short-term, or long-term, significant risks associated with the proposed sterilisation and available alternative forms of health care. (sec.80D-ssec.4) The child’s views and wishes may be expressed in the following ways— orally; in writing; in another way including, for example, by conduct. - (a) one or more of the following applies— (i) the sterilisation is medically necessary; (ii) the child is, or is likely to be, sexually active and there is no method of contraception that could reasonably be expected to be successfully applied; (iii) if the child is female—the child has problems with menstruation and cessation of menstruation by sterilisation is the only practicable way of overcoming the problems; and - (i) the sterilisation is medically necessary; - (ii) the child is, or is likely to be, sexually active and there is no method of contraception that could reasonably be expected to be successfully applied; - (iii) if the child is female—the child has problems with menstruation and cessation of menstruation by sterilisation is the only practicable way of overcoming the problems; and - (b) the child’s impairment results in a substantial reduction of the child’s capacity for communication, social interaction and learning; and - (c) the child’s impairment is, or is likely to be, permanent and there is a reasonable likelihood, when the child turns 18, the child will have impaired capacity for consenting to sterilisation; and - (d) the sterilisation can not reasonably be postponed; and - (e) the sterilisation is otherwise in the child’s best interests. - (i) the sterilisation is medically necessary; - (ii) the child is, or is likely to be, sexually active and there is no method of contraception that could reasonably be expected to be successfully applied; - (iii) if the child is female—the child has problems with menstruation and cessation of menstruation by sterilisation is the only practicable way of overcoming the problems; and - (a) for eugenic reasons; or - (b) to remove the risk of pregnancy resulting from sexual abuse. - (a) ensure the child is treated in a way that respects the child’s dignity and privacy; and - (b) do each of the following— (i) in a way that has regard to the child’s age and impairment, seek the child’s views and wishes and take them into account; (ii) to the greatest extent practicable, seek the views of each of the following persons and take them into account— (A) any parent or guardian of the child; (B) if a parent or guardian is not the child’s primary carer, the child’s primary carer; (C) the child representative for the child; (iii) take into account the information given by any health provider who is treating, or has treated, the child; and - (i) in a way that has regard to the child’s age and impairment, seek the child’s views and wishes and take them into account; - (ii) to the greatest extent practicable, seek the views of each of the following persons and take them into account— (A) any parent or guardian of the child; (B) if a parent or guardian is not the child’s primary carer, the child’s primary carer; (C) the child representative for the child; - (A) any parent or guardian of the child; - (B) if a parent or guardian is not the child’s primary carer, the child’s primary carer; - (C) the child representative for the child; - (iii) take into account the information given by any health provider who is treating, or has treated, the child; and - (c) take into account— (i) the wellbeing of the child; and (ii) alternative forms of health care that have proven to be inadequate in relation to the child; and (iii) alternative forms of health care that are available, or likely to become available, in the foreseeable future; and (iv) the nature and extent of short-term, or long-term, significant risks associated with the proposed sterilisation and available alternative forms of health care. - (i) the wellbeing of the child; and - (ii) alternative forms of health care that have proven to be inadequate in relation to the child; and - (iii) alternative forms of health care that are available, or likely to become available, in the foreseeable future; and - (iv) the nature and extent of short-term, or long-term, significant risks associated with the proposed sterilisation and available alternative forms of health care. - (i) in a way that has regard to the child’s age and impairment, seek the child’s views and wishes and take them into account; - (ii) to the greatest extent practicable, seek the views of each of the following persons and take them into account— (A) any parent or guardian of the child; (B) if a parent or guardian is not the child’s primary carer, the child’s primary carer; (C) the child representative for the child; - (A) any parent or guardian of the child; - (B) if a parent or guardian is not the child’s primary carer, the child’s primary carer; - (C) the child representative for the child; - (iii) take into account the information given by any health provider who is treating, or has treated, the child; and - (A) any parent or guardian of the child; - (B) if a parent or guardian is not the child’s primary carer, the child’s primary carer; - (C) the child representative for the child; - (i) the wellbeing of the child; and - (ii) alternative forms of health care that have proven to be inadequate in relation to the child; and - (iii) alternative forms of health care that are available, or likely to become available, in the foreseeable future; and - (iv) the nature and extent of short-term, or long-term, significant risks associated with the proposed sterilisation and available alternative forms of health care. - (a) orally; - (b) in writing; - (c) in another way including, for example, by conduct.