Man with Learning Difficulties to be Sterilised in Unprecedented Court Ruling

A man with significant learning difficulties has been ordered to undergo a vasectomy to prevent him from having further children in a landmark legal ruling by the High Court.

Mrs Justice Eleanor King, sitting in the Court of Protection, said there was “no question” of the 36-year-old having the mental capacity to use contraception and that it was “lawful and overwhelmingly in his best interests” for him to be sterilised.

The man, identified only as DE, and his long-term girlfriend who also has learning difficulties, had a son in 2010.

As a result, measures were taken to prevent another pregnancy and DE was required to be supervised at all times, effectively losing his limited but “hard-won” independence.

The consequences were “profound” for both families and the judge noted that the couple’s long-standing relationship “nearly broke under the strain, but remarkably weathered the storm”.

The little boy is now cared for by his maternal grandmother but the court was told it was “inevitable” that if they had another baby it would be taken into care, causing significant psychological distress and likely resulting in the breakdown of their relationship.

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Topics:
Child protection and relinquishment, Discrimination, Health, Human Rights

Author:
Victoria Ward

Source:
The Telegraph, UK

Date published:
Fri 16th Aug, 2013