Attorney-General (QLD) v. Parents, In re S.
The Family Court of Australia ruled that parents may authorize a hysterectomy for their mentally retarded 12-year old daughter without first seeking court approval. The child resided in a residential facility, although she remained in her parents' legal custody. She functioned at a cognitive level of approximately one year of age, and exhibited behavioral disorders including poor hygiene and fecal smearing. Although the child was well-developed physically, she had not begun menstruating. The Court rejected the provision of contraceptives and assistance with menstrual hygiene as an option, and concluded that involuntary sterilization would be in the best interest of the child because the child would not be able to cope with a pregnancy, nor the responsibilities of rearing a child. The Court traced the development of case law involving involuntary sterilization of minors in Australia and Great Britain.
D000293:Adolescent; D001315:Australia; D005260:Female; D006801:Humans; D007603:Jurisprudence; D033242:Minors; D033282:Parental Consent; D019989:Persons with Intellectual Disabilities; D012098:Reproduction; D013244:Sterilization, Involuntary; D013245:Sterilization, Reproductive; D020458:Third-Party Consent; D014930:Women