British court sanctions sterilisation of disabled man in landmark case
A High Court judge has for the first time sanctioned the sterilisation of a man because it is “in his best interests”.
Referred to as “DE”, the 36-year-old, from the Midlands, has learning difficulties and already has a son with his girlfriend, born in 2010.
Mrs Justice Eleanor King, sitting in the Court of Protection in London, ruled that a vasectomy could take place after hearing that DE does not want to become a father again, and another child could cause him “psychological harm”.
The judge was also told that a routine has been in place preventing DE meeting his girlfriend – they have been together for 10 years – without supervision to “keep them safe”.
Experts have assessed that DE is capable of consenting to sexual relationships, and an operation will give him back his “independence”.
But he does not have capacity when it comes to making decisions about contraception and cannot be relied upon to use condoms or other birth control methods effectively to prevent pregnancy.
The case came before the court because of undisputed evidence that DE also lacks capacity to decide whether or not to consent to sterilisation.
The judge said DE lives with his parents but has a long-standing, loving relationship with his girlfriend PQ, who also has learning disabilities.
The birth of the couple’s first child had a “profound” effect on both families, and measures were taken to ensure there was no further pregnancy, with DE, who did not wish to have more children, being supervised at all times.
The judge said the couple’s relationship “nearly broke under the strain, but remarkably weathered the storm”.
She said it is now “lawful and in DE’s best interests” that he should undergo a vasectomy and all “reasonable and proportionate steps” should be taken to enable the operation to go ahead.
