This Comment first provides a brief analysis of the Supreme Court cases recognizing procreative rights. Following that overview is a discussion of how these rights have been interpreted to apply to mentally retarded minors. This Comment then reviews the diverse judicial responses to the question of sterilization. A historical analysis is presented with special emphasis on issues of jurisdiction, liability, and the procedures courts have adopted to safeguard the procreative rights of mentally retarded minors. This Comment reviews state legislation regulating the sterilization of mentally retarded minors, and concludes with an analysis of the current state of law in Nebraska with some recommendations.
Mark A. Small,
Involuntary Sterilization of Mentally Retarded Minors in Nebraska,
68 Neb. L. Rev.
Available at: http://digitalcommons.unl.edu/nlr/vol68/iss1/11