Guardianship and Administration Act 2000

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.