Any person, otherwise capable of consenting to medical treatment, need not obtain the consent of his spouse for his voluntary medical sterilization if such person has been abandoned by his spouse.
History: 1953 Comp., § 12-3-43, enacted by Laws 1971, ch. 14, § 3; 1973, ch. 266, § 1.
ANNOTATIONSCross references. — For prohibition against requiring special qualifications of individuals upon whom sterilization operation is to be performed, see 24-1-14 NMSA 1978.
Law reviews. — For comment, "Voluntary Sterilization in New Mexico: Who Must Consent?" see 7 N.M.L. Rev. 121 (1976-77).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Health §§ 74, 107.
Medical malpractice, and measure and element of damages, in connection with sterilization or birth control procedures, 27 A.L.R.3d 906.
Legality of voluntary nontherapeutic sterilization, 35 A.L.R.3d 1444.
Promise: recovery against physician on basis of breach of contract to achieve particular result or cure, 43 A.L.R.3d 1221.
Asexualization or sterilization of criminals or defectives, 53 A.L.R.3d 960.
When a statute of limitations begins to run against malpractice action in connection with sterilization or birth control procedures, 93 A.L.R.3d 218.
39A C.J.S. Health and Environment § 43.