Delaware Code Title 16. Health and Safety § 5712. Hearing on petition for involuntary sterilization

a. The respondent is presently incapable of giving informed consent to sterilization;

b. The respondent is more likely than not to remain so incapable either permanently or for the foreseeable future and that all attempts to render the respondent capable of giving informed consent have been and are likely to remain ineffectual;

c. The benefit to the respondent from the sterilization outweighs any known medical contraindications to the procedure to be performed;

d. If the respondent is not sterilized, the respondent is more likely than not to procreate and all less drastic medically advisable alternative means to prevent procreation are or have been ineffective;

e. If the respondent is female, pregnancy would present a substantial danger to the life or health of the respondent; and

f. The procedure to be performed is the least drastic medically or hygienically indicated means of sterilizing the respondent.