Oregon Law
Law as of Jan 1, 2026
Chapter contents
436.010[Amended by 1967 c.441 §1; repealed by 1983 c.460 §2] 436.020[Amended by 1955 c.556 §1; 1955 c.660 §29; 1967 c.441 §4; 1969 c.314 §43; 1971 c.650 §16; repealed by 1983 c.460 §2] 436.025[1967 c.441 §3 (1); repealed by 1983 c.460 §2] 436.030[Amended by 1955 c.651 §11; 1955 c.660 §30; 1961 c.173 §1; repealed by 1965 c.264 §12] 436.035[1967 c.441 §3 (2); repealed by 1983 c.460 §2] 436.040[Repealed by 1965 c.264 §1 (436.041 enacted in lieu of 436.040)] 436.041[1965 c.264 §2 (enacted in lieu of 436.040); 1967 c.441 §5; 1971 c.734 §50; repealed by 1983 c.460 §2] 436.050[Amended by 1961 c.173 §2; 1965 c.264 §3; part renumbered 436.055; 1967 c.441 §6; repealed by 1983 c.460 §2] 436.055[Formerly part of 436.050; repealed by 1967 c.441 §7 (436.056 enacted in lieu of 436.055)] 436.056[1967 c.441 §8 (enacted in lieu of 436.055); repealed by 1983 c.460 §2] 436.060[Repealed by 1965 c.264 §4 (436.061 enacted in lieu of 436.060)] 436.061[1965 c.264 §5 (enacted in lieu of 436.060); 1967 c.441 §9; repealed by 1983 c.460 §2] 436.070[Amended by 1965 c.264 §6; 1967 c.441 §10; repealed by 1983 c.460 §2] 436.080[Repealed by 1983 c.460 §2] 436.090[Amended by 1965 c.264 §7; 1967 c.441 §11; 1973 c.823 §138; repealed by 1983 c.460 §2] 436.100[Amended by 1965 c.264 §8; 1967 c.441 §12; 1969 c.391 §12; 1973 c.823 §139; 1973 c.829 §51; repealed by 1983 c.460 §2] 436.110[Amended by 1965 c.264 §9; 1967 c.441 §13; 1971 c.734 §51; repealed by 1983 c.460 §2] 436.115[1971 c.734 §53; repealed by 1983 c.460 §2] 436.120[Amended by 1965 c.264 §10; 1967 c.441 §14; repealed by 1971 c.734 §21] 436.125[1971 c.734 §54; repealed by 1983 c.460 §2] 436.130[Amended by 1965 c.264 §11; repealed by 1971 c.734 §21] 436.140[Repealed by 1983 c.460 §2] 436.150[Amended by 1973 c.829 §52; repealed by 1983 c.460 §2] 436.200Voluntary sterilization 436.205Definitions 436.215Legislative finding 436.225Obtaining informed consent 436.235Petition to determine ability to give informed consent 436.245Petition content 436.255Court hearing on petition; notice 436.265Appointment of counsel; payment of expenses 436.275Admissible evidence; subpoenas 436.285Presence of respondent; waiver; medication 436.295Court determination of ability to consent 436.305Evidence on best interests of respondent 436.315Appointment of appeal counsel; payment of expenses 436.325Effect on surgical procedures 436.335Report on disposition; biennial review; report to Legislative Assembly

Chapter 436 — Sterilization

ORS 436.295 Court determination of ability to consent

(1)

If the court does not determine by clear and convincing evidence that the respondent lacks the ability to give informed consent for sterilization:

(a)

If the court determines that the respondent has the ability to give informed consent to sterilization, the court shall issue an order so stating and permitting the sterilization to be performed. Prior to the performance of the sterilization, the physician, physician associate or nurse practitioner and hospital involved shall obtain the written informed consent of the person for sterilization.

(b)

If the respondent refuses to consent to sterilization, the court shall issue an order so stating and forbidding sterilization of the respondent, unless the respondent later makes a different choice and only after a rehearing under this section.

(2)

If the court determines by clear and convincing evidence that the respondent lacks the ability to give informed consent for sterilization, the court shall retain its jurisdiction and continue the hearing to determine whether sterilization is in the best interests of the respondent.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Earlier statutory text is available in an ingested published ORS edition.