No Uterus, No Opinion
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June 21st, 2007, 06:10 PM
Join Date: Apr 2007
I also find a double standard that says I have to have my husband permission to get a tubal, but not to get an abortion
Personally, I am pro life and I feel that it is just as much the fathers decision as the mothers[/b]
Whoa....say that again? Do you legally need his permission? Ugh....that would make me furious.
In some states, and in some instances, spousal consent before performing legal sterilization is required. This doesn't completely limit a woman from pursuing voluntary sterilization if she chooses. (This one has been debated by the courts a lot.) And, in most states that have required spousal consent to sterilization the guidelines have been lessened somewhat.
Generally speaking, the patient's consent alone is sufficient authorization for any legal operation. Public hospitals are not permitted to enforce any policies requiring spousal consent for sterilization. It has been found in the courts to be an unconstitutional violation of the right of privacy. (Sims v. University of Ark. Med. Ctr.) Federal appellate courts ruled that a governmental hospital couldn't impose greater restrictions on the sterilization procedure (more so than other procedures) because of the medically indistinguishable risk to the patient. Federal courts have ruled that state laws that require spousal consent are unconstitutional. (Coe v. Bolton) This does not free federally funded clinics of their obligation to follow all state requirements regarding consent. Private medical institutions are free to enforce any policies requiring consent.
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