[Current legal problems of sterilization]. / Aktuelle Rechtsprobleme der Sterilisation.

PIP: Voluntary sterilization has not yet acquired comprehensive legal formulation. Thus there is a legal vacuum which physicians have attempted to fill by relying on their internal professional regulations. These provide for sterilization on an indication; however, an offense against this rule is not punishable in the courts. There is a prohibition, in particular, against so-called "courtesy sterilization," but this is of little significance today when so many social indications for sterilization can be found. But in general these professional regulations provide no useful assistance in deciding when a sterilization is permitted. In criminal law sterilization done by free will is not punishable nor is any indication required. The law deals in detail with the meaning and definition of the "free will" of the person being sterilized. This involves: capacity to have a free will, what to do about persons lacking that capacity (especially minors), and necessity to ensure that that woman understands all the consequences of sterilization. The civil courts have much more to do with sterilization than the criminal ones. One ground for suit is that the sterilization was "contrary to accepted morality," although the courts will generally hold that the woman herself cannot assert this claim. Another ground is lack of consent by the woman. Another ground is improper performance by the physician, i.e., malpractice. Thus the physician has to fear most the charges of no valid consent or malpractice. Questions of insurance law are also pertinent, since an insured person can be compensated for sterilization only if the procedure is legal.^ieng