Tubal or vas deferens ligation for contraceptive purposes may not be performed on a minor. It may only be performed on an adult whose impaired mental faculties have justified the introduction of a legal protection measure where there is an absolute medical contraindication to contraceptive methods or a proven impossibility of using them effectively.
The intervention must be authorised by the guardianship judge to whom the matter has been referred by the person concerned, the minor’s father and mother or, if the person concerned is subject to a legal protection measure with representation in relation to the person, by the person responsible for this measure. If the protected person refuses, the matter cannot be referred to the court.
The judge makes his decision after hearing the person concerned. If the person is capable of expressing their wishes, their consent must be systematically sought and taken into account after they have been given information appropriate to their level of understanding. The person’s refusal or revocation of consent may not be disregarded.
The judge hears the minor’s father and mother or the person in charge of a legal protection measure with assistance or representation relating to the person, as well as any person whose hearing seems useful.
The judge obtains the opinion of a committee of experts made up of medically qualified persons and representatives of disabled people’s associations. This committee assesses the medical justification for the operation, its risks and its normally foreseeable physical and psychological consequences.
A decree in the Conseil d’Etat will set the conditions for the application of this article.