In the Matter of LaVista Earline Romero

Summary

The Colorado Supreme Court reviewed a guardian's petition for an order authorizing the nonconsensual sterilization of an incapacitated adult woman. The court held that the petitioner had not established by clear and convincing evidence that Romero lacked competence to consent to or refuse sterilization, and it reversed the district court's order. The court emphasized the fundamental right to procreate and the need for careful review of sterilization petitions.

Holdings

1. Colorado district courts have jurisdiction under their parens patriae authority to act on petitions for sterilization of incompetent persons, even though no Colorado statute authorized the particular petition involving Romero.
2. An individual is competent to grant or withhold consent to sterilization if the individual understands the nature of the district court proceedings, the relationship between sexual activity and reproduction, and the consequences of the sterilization procedure.
3. Before considering whether sterilization is medically essential or in the individual's best interest, the petitioner must prove by clear and convincing evidence that the individual is incompetent to decide about sterilization and that the incapacity is not likely to improve in the future.
4. The district court's finding that Romero was incompetent to grant or withhold consent to sterilization was unsupported by clear and convincing evidence.

Questions Presented

1. Whether Colorado district courts have jurisdiction under their parens patriae authority to consider a guardian's petition for nonconsensual sterilization of an incapacitated adult when no applicable Colorado statute authorizes the proceeding.
2. What competency standard governs whether an incapacitated person can grant or withhold consent to sterilization.
3. Whether the evidence established by clear and convincing evidence that Romero was incompetent to consent to or refuse sterilization.

Disposition

reversed