F. v. West Berkshire Health Authority, 2 December 1988

The issue in this case was whether a court could authorize the sterilization of a 35-year-old adult who, by reason of mental incapacity, was incapable of giving consent, or, in the alternative, declare that the sterilization would not amount to an unlawful act in such circumstances. The mother sought the sterilization because she feared that her daughter would become pregnant and no other means of contraception were practicable. The High Court of the UK chose to make a declaration that the sterilization was not unlawful, pointing out that it was in the best interests of the daughter as determined by a multidisciplinary team and that it was of the same nature as other more routine medical treatment given every day to persons not able to consent. This decision was upheld by the House of Lords on 24 May 1989. The opinion of the House of Lords will be reported in Annual Review of Population Law, Vol. 15, 1989.