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Posted February 07, 2006 in Eugenics
Vermont's Sterilization Law (1931)


It is hereby enacted by the General Assembly of the State of Vermont:

Section 1. Construction. Henceforth it shall be the policy of the state to prevent procreation of idiots, imbeciles, feeble-minded or insane persons, when the public welfare, and the welfare of idiots, imbeciles, feeble-minded or insane persons likely to procreate, can be improved by voluntary sterilization as herein provided.

Section 2. Examination and certificate; operation, report. When two physicians and surgeons legally qualified to practice in the state, examine a person resident of the state, and decide:

(1) that such person is an idiot, imbecile, feeble-minded or insane person likely to procreate idiots, imbeciles, feeble-minded or insane persons if not sexually sterilized;
(2) that the health and physical condition of such person will not be injured by the operation of a vasectomy, if a male, or a salpingectomy, if a female;
(3) that the welfare of such person and the public welfare will be improved if such person is sterilized as aforesaid; and
(4) whether such person is or is not of sufficient intelligence to understand that he or she cannot beget children after such all operation is performed; and they make and sign duplicate certificates setting forth those facts and make oath thereto before a justice of the peace or notary public, then it shall be lawful for any other physician or surgeon, legally qualified to practice in the state, when presented with such certificate, to perform such operation provided:

a) he decides that the public welfare will be improved by such operation;
b) such person has requested in writing, on such certificates, that said operation be performed, if the certificates show that such person is of sufficient intelligence to understand that he or she cannot beget children after such an operation is performed; or
c) the natural or legal guardian of such person has requested in writing on such certificates that such operation be performed, if certificates show that such person is not of sufficient intelligence to understand that he or she cannot beget children after such an operation is performed; and
d) such person voluntarily submits to such operation.

The physician and surgeon, after performing such operation, shall endorse on each of the duplicate certificates, when and where he performed such operation, keep one of the certificates and mail the other, postage prepaid, addressed to the commissioner of public welfare, at Montpelier, Vermont, to be kept in his office.

Section 3. Inmates of state institutions; fee. If such person is being supported by the state in any institution in the state, the commissioner of public welfare is authorized to contract with two competent physicians and surgeons, not in the employment of the state, to examine such idiots, imbeciles, feeble-minded or insane persons as he has reason to believe should be sterilized, at the price not exceeding three dollars for each physician and surgeon, and if they make the certificates aforesaid, then the said commissioner is authorized to contract with a competent physician or surgeon, not in the employment of the state, to do such operation at a price not exceeding twenty dollars for males and thirty dollars for females and to contract with the hospital for such care and nursing of such person as necessary, at reasonable prices, and such expenses shall be paid by the state and charged against the appropriation for the support of the institution supporting such person.

Approved March 31, 1931,
(Laws of Vermont, 31st biennial sess. (1931), no. 174, pp. 194-96.)

Category: Eugenics