Medical Ethics of Sterilization

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Is a surgeon who performs sterilizations, bound by any ethical or legal constraints, required to obtain a release from a spouse, before performing elective sterilization surgery? Would the surgeon who performed an elective sterilization, without the express written consent of the spouse, be exposed to liability from that uninformed spouse? Is there any judicial precedent for this?

Another thread called “vasectomy deceit” prompted me to ask this question. Its a very sad story where the husband obtained a vasectomy and hid it from his wife for years. forums.catholic-questions.org/showthread.php?t=69290
 
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cargopilot:
Is a surgeon who performs sterilizations, bound by any ethical or legal constraints, required to obtain a release from a spouse, before performing elective sterilization surgery? Would the surgeon who performed an elective sterilization, without the express written consent of the spouse, be exposed to liability from that uninformed spouse? Is there any judicial precedent for this?

Another thread called “vasectomy deceit” prompted me to ask this question. Its a very sad story where the husband obtained a vasectomy and hid it from his wife for years. forums.catholic-questions.org/showthread.php?t=69290
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To my knowledge, the only person who needs to sign a consent is the woman. When I had my tubes tied 25 years ago, my then husband was told about it, but did not have to sign a consent
~ Kathy ~
 
Good question. I have only known one physician who would not perform a tubal without the spouses knowledge.
 
No consent required except from the person getting the procedure …unless the person getting the procedure is a minor (under 18) , but then they would not be married.
 
Can a Catholic male or female opt to be sterilized? I was under the impression that this was a BIG no-no in the Catholic Church and totally against their teaching.
 
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Karin:
Can a Catholic male or female opt to be sterilized? I was under the impression that this was a BIG no-no in the Catholic Church and totally against their teaching.
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You’re right! It certainly is a big no-no. It is TOTALLY against the teaching of the Church.

It would seem that the spouse would HAVE to be consulted before such an operation. The body belongs to the other spouse. My wife would hit the ceiling if I did something to ‘her’ body without her knowlege. I too, would be furious if she did something like that to ‘my’ body. To us, our bodies are not our own, but belong to the other. I wondered if the medical community have any idea of this concept and would do anything to respect it?

With the new privacy rules, we’ve had to sign forms all over the place to be sure we each have full access to each others medical information. Is there more one should do to ensure that our Catholic values aren’t violated?
 
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cargopilot:
You’re right! It certainly is a big no-no. It is TOTALLY against the teaching of the Church.
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Thank you that is what I thought.
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cargopilot:
It would seem that the spouse would HAVE to be consulted before such an operation. The body belongs to the other spouse
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No they would not have to be consulted.
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cargopilot:
. My wife would hit the ceiling if I did something to ‘her’ body without her knowlege. I too, would be furious if she did something like that to ‘my’ body. To us, our bodies are not our own, but belong to the other. I wondered if the medical community have any idea of this concept and would do anything to respect it?
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That is why you need a medical directive (a legal form) & a living will (legal form) but these only kick in if one or the other is incapacitated(sp?).
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cargopilot:
With the new privacy rules, we’ve had to sign forms all over the place to be sure we each have full access to each others medical information.
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This goes both ways…you can also state you do not want the spouse to have access to medical information. These forms also do not mean that the other spouse needs to give consent for procedures being done to you or vice versa. As to what else can be done…no one other than the person (if an adult and not incapacitated) can give consent for a procedure…you would have to change laws.
 
I suppose it would be up to the individual doctor’s discretion about including the spouse in these kinds of decisions.

I remember sometime ago, I asked my doctor friend (Catholic) about Viagra or Cialis and he said “sure, no problem, I’ll give you free samples. Just have your wife drop by, so we can talk about it.” Well, that was the end of that.http://forums.catholic-questions.org/images/icons/icon12.gif
 
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cargopilot:
I suppose it would be up to the individual doctor’s discretion about including the spouse in these kinds of decisions…
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I would think that it is up to the patient first and then the doctor. If the patient says I do not want to have my spouse present that is their right.
The doctor also has the right to say I would feel more comfortable having your spouse know and if you choose not to tell your spouse or have your spouse here, I refuse to treat you…find another doctor.
 
It is correct there are no legal requirements, but you raise an interesting ethical question.
I wondered if the medical community have any idea of this concept and would do anything to respect it?
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There was just the one physician I knew that discussed tubal ligation with the spouse. The medical community (in general) doesn’t think in these terms as evidence by the support of abortion, contraceptives, etc. Minors consenting to contraceptive services without parental consent is even supported.
 
On the “vasectomy deceit” thread, a poster just pointed out that there is no responsibility whatsoever for a doctor to provide any notice to the father before performing an abortion. So I guess it follows that there is no responsibility for the doc to inform any spouse about anything.

I suppose any married Catholic could simply present herself and receive an abortion and a tubal ligation, and the husband would have no say in the matter, just as a Catholic husband could receive a vasectomy where the wife would have no say in the matter, whatsoever. There is nothing they could do about it, nothing they could do to stop it, and nothing they could do after the fact. It’s just tough.

Man, that’s messed up.
 
The “right to privacy” fabricated in the case law surrounding in Griswold v Conneticut, Roe v. Wade, et al, gives marital partners NO say in what the other does with their body. A woman can have herself sterilized, have an abortion, get contraceptive devices implanted, etc, without the knowledge or consent of a spouse. A man can have himself sterilized with the same impunity.

A spouse has NO rights in US law in this area.

Ah-- the fruit of the poisoned tree.
 
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cargopilot:
On the “vasectomy deceit” thread, a poster just pointed out that there is no responsibility whatsoever for a doctor to provide any notice to the father before performing an abortion. So I guess it follows that there is no responsibility for the doc to inform any spouse about anything.

I suppose any married Catholic could simply present herself and receive an abortion and a tubal ligation, and the husband would have no say in the matter, just as a Catholic husband could receive a vasectomy where the wife would have no say in the matter, whatsoever. There is nothing they could do about it, nothing they could do to stop it, and nothing they could do after the fact. It’s just tough.

Man, that’s messed up.
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Playing devil’s advocate here…
But why should my spouse consent to any medical treatment or medication that my doctor feels I may need or that I feel I need and vice versa?
 
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1ke:
The “right to privacy” fabricated in the case law surrounding in Griswold v Conneticut, Roe v. Wade, et al, gives marital partners NO say in what the other does with their body. A woman can have herself sterilized, have an abortion, get contraceptive devices implanted, etc, without the knowledge or consent of a spouse. A man can have himself sterilized with the same impunity.

A spouse has NO rights in US law in this area.

Ah-- the fruit of the poisoned tree.
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I’m SHOCKED!

How could I have lived this long and not known this? I feel like a stupid, uninformed idiot. I’m truly embarrased to have not known this. Thank you for bringing me up to speed.
 
Karin said:
Playing devil’s advocate here…
But why should my spouse consent to any medical treatment or medication that my doctor feels I may need or that I feel I need and vice versa?
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Hi Karen,

I usually like to be the devil’s advocate, but I’m in a bit of a daze here, so go ahead. That’s a good ‘devil’s advocate’ question.

I’m really not thinking of medical necessities, but elective procedures. If my DW needed an emergency procedure that would leave her sterile, I wouldn’t want anyone to have to track me down when I’m on the other side of the world for my official okie-dokie.

Now, should she decide to have an elective abortion, followed by elective sterilization, I’d kinda like to have a heads-up on that one. Unfortunately, the devil wins this one, as it appears the law says I have no say in the matter, whatsoever.
 
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cargopilot:
Hi Karen,

I usually like to be the devil’s advocate, but I’m in a bit of a daze here, so go ahead. That’s a good ‘devil’s advocate’ question.

I’m really not thinking of medical necessities, but elective procedures. If my DW needed an emergency procedure that would leave her sterile, I wouldn’t want anyone to have to track me down when I’m on the other side of the world for my official okie-dokie.

Now, should she decide to have an elective abortion, followed by elective sterilization, I’d kinda like to have a heads-up on that one. Unfortunately, the devil wins this one, as it appears the law says I have no say in the matter, whatsoever.
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OK (more devil’s advocate)…so you have now been notified that your wife is having an elective abortion or an elective sterilization…now what, what do you do?
 
cargopilotOf course, just because it’s legal, doesn’t make it right, or good, or moral. Just legal.

Is this not more incentive to make sure that couples, singles etc. totally understand what the church teaches? Aren’t or shouldn’t Catholics be held to a higher standard…the word of God & the Church and then this would be a mute topic??
 
Karin said:
Griswold v. Connecticut, 381 U.S. 479 (1965) was a landmark United States Supreme Court case. It invalidated a Connecticut law prohibiting the use of contraception by married couples.

[nationmaster.com/encyclopedia/Griswold-v.-Connecticut](http://www.nationmaster.com/encyclopedia/Griswold-v.-Connecticut)
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Hi Karin…again,

Thanks for posting the cases.

Now, I just want to mention that I’m a Catholic, sacramentally married in the Catholic Church to another Catholic. Our religion isn’t ‘a little bit of everything’, so we’re required to respect life and God’s plan. When we married, we gave each other exclusive and total right to our own bodies. In other words, my body doesn’t belong to me at all, but to her. Likewise, her body is mine, totally and without reservation.

I understand that in today’s secular world, that is a concept that is very hard to grasp, but it is ingrained in us, and seems completely normal. The ‘it’s my body’ thing seems foreign to me. I would like to have the same rights as the ‘it’s my body’ secularists do.
 
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