Ll-Jjaf*- «nj^7 •AJ'-^'*'V» i*-**W»fcUM *4*L^'Hr"!** f"» •■ -^^ t*^\' -s*' r l * *' ■ * '*^r i ■- UNC CH MESL^H SCIEHCES ■,.IB»»»>' H00006283 Cbe iLibtatp Otit$lon of i^ealtb affairs (Unitiet^itp of il^ott^ Carolina J i Form No. Eu^enical Sterilization in NortK Carolina A BRIEF SURVEY OF THE GROWTH OF EUGENICAL STERILIZATION AND A REPORT ON THE WORK OF THE EUGENICS BOARD OF NORTH CARO- LINA THROUGH JUNE 30, 1935 By R. Eugene Brown, Secretary Eugenics Board of North Carolina MEMBERS OF EUGENICS BOARD Mrs. W. T. Bost, Commissioner of Public Welfare, Chairman. Dr. Carl V. Reynolds, Secretary State Board of Health. Dr. J. W. AsHBY, Superintendent State Hospital, Raleigh. Hon. a. a. F. Seawell, Attorney General. Dr. W. C. Lixville, Superintendent State Hospital, Goldsboro. V*-' f/^ Issued by ^^ ^/') EUGENICS BOARD OF NORTH CAROLINA Raleigh, N. C. U H 1935 }' "Eugenic sterilization is no panacea, but it is one of the many^; tested and dependable measures that will help reduce the burdens and increase the happiness and prosperity of the population in this and future generations. As such, it is one among many indispensable procedures in any modern program of social wel- fare. If recognized as an integral part of a broad system of protection and supervision of those unable to meet unaided the responsibilities of citizenship in a highly competitive industrial system, it can be productive only of good." — Human Sterilization. Published by Human Betterment Foundation, Pasadena, California. "We do not know precisely to what extent mental defects and psychopathic conditions are inherited. But we do know that on the whole, feeble-minded and insane persons who are permitted to propagate their kind, raise families in a most unfavorable home environment." — Eugenics, March, 1930. TABLE OF CONTENTS Page General Discussion 5-13 Sterilization Procedure in North Carolina 13-15 Statistical Tables — Appendix A 16-20 North Carolina Statute — Appendix B 21-27 North Carolina Forms — Appendix B 28-35 Sterilization Laws and Number of Operations in United States — Appendix C 36-39 ^ EUGENICAL STERILIZATION IN NORTH CAROLINA By R. Eugene Brown, Secretary Eugenics Board of North Carolina. Eugenical sterilization is a means adopted by organized Society to do for the human race in a humane manner what was done by Nature before modern civilization, human sympathy, and charity intervened in Nature's plans. Under the ancient law, the survival of the fittest, "only the physically strong and mentally alert could withstand the severe conditions of early life, reach maturity, and become the fathers and mothers of the next generation. But the weak and defective are now nursed to maturity and produce their kind. Under Nature's law we bred principally from the top. Today we breed from the top, the middle and the bottom, but more rapidly from the bottom." Since Galton developed these principles several methods of limiting or decreasing breeding among the undesirable human stocks have been advocated. Among them are segregation of the unfit ; restrictive marriage laws ; birth control ; eugenic edu- cation ; and human sterilization. Interest in the subject of eugenical sterilization has grown rapidly in the United States during the past several years. In North Carolina numerous requests received by the Eugenics Board and newspaper articles and editorials indicate that public opinion is most favorable to the development of a sound program of sterilization. The following quotation from a recent editorial in the Neics and Observer, states the necessity for such a pro- gram as follows : (l)Gosne.v and Popenoe, Introduction to Sterilization for Human Betterment. (2) From address of Dr. Clarence G. Campbell, published in Eugenical News, Julv, 1930. Page 9o. 6 EuGENicAL Sterilization in North Carolina "More and more in our times large families are disappearing in the households of the men who do the world's work and pay the world's taxes. In our times nobody can afford to produce huge families except those who are not able to feed even them- selves. So progressively in North Carolina and in the world we are in the name of humanity deliberately increasing the per cent of the lowest orders of humanity in our population. "Such a procedure may be humanity. Such a procedure, however, seems far removed from sound sense. Certainly the problem that it presents is not to be quickly solved. But the necessity of its solution is far more important than the solving of any of the immediate problems of economic depression. It is the problem, the swiftly growing problem, of our civilization. We cannot make a better world if we deliberately give our sub- stance to subsidizing the production of the least worthy stock among men." For centuries sterilization frequently practiced as a means of punishment has been accomplished by the radical method of castration. "The introduction of modern methods of steriliza- tion which do not remove any gland or organ, do not alter any feeling ... or change in appearance, has been the greatest step forward. "In 1880 an American, during a Cesarean operation, tied the (Fallopian) tubes to prevent possibility of future conception; in 1891 a Frenchman combined these two operations by tying and cutting the tubes, thereby introducing the method of steril- ization which is now standard. In 1897 a German took up the operation as a means, not merely of preventing further Cesarean sections, but of sterilizing a woman who for any reason ought not to bear more children."*^) Thus the modern method of sterilization of the female, known as salpingectomy, may be said to date from the year 1897. "Sterilization of the male is also the successor of castration. In 1894 a Swede introduced the practice of cutting and tying the vas deferens, the slender tube that carries the spermatozoa ... as a method of treatment in cases of disease of the prostate and the operation quickly became popular." '^^ This simple operation now known as vasectomy was first used for the purpose of eugenic sterilization in 1899 by Supt. Harry Sharp of the Indiana reformatory, although Indiana at that time had no statutory provisions either authorizing or pro- hibiting such operations. In 1907 Indiana enacted into law the first sterilization law to be passed in the United States. Other states followed this ex- (3)Gosnev and Popenoe, Sterilization for Human Betterment. Pages 70-71. (4) Ibid. Page 77. ^ ^x EuGENiCAL Sterilization in North Carolina ample and at present thirty states have legahzed the practice of sterilization, t-^'' Under these statutes more than 20,000 operations have been performed to January 1, 1935. The Virginia Statute which was enacted in 1924 is important because it is the first sterilization statute to be carried to the United States Supreme Court and to receive the decision of this Court that the particular law is con- stitutional. This simply means that it is within the power of any state, unless specifically forbidden by its own constitution, to enact a sterilization law, "which will conform to all of the requirements of the Bill of Rights and at the same time meet its eugenical purposes."**'' In the Virginia case, the case of Buck vs. Bell, where a feeble-minded woman who had a feeble-minded mother and a feeble-minded child, was to be sterilized against her will. Justice Holmes in handing down the decision said, "We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the State for these lesser sacrifices, often not felt to be such by those concerned, in order to prevent our being swamped witli incompetence. It is better for all the world if, instead of wait- ing to execute degenerate offspring for 'crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. Three generations of imbeciles are enough." In 1919 the General Assembly of North Carolina enacted a law (Chapter 281, Public Laws) which was undoubtedly intend- ed to serve as a sterilization law although the word sterilization does not appear in the text of the act. So far as can be ascer- tained no sterilizations were performed under this statute. The 1929 Sterilization Act was sponsored by Mr. H. L. Milner, Senator from Burke County and a member of the Burke County Board of Public Welfare from 1919 to 1933. Under this law 49 persons were sterilized. In February 1933 the North Carolina Supreme Court held that the North Carolina statute was unconstitutional because there was no provision in the law for notice of hearing or right of appeal ; the Constitution of the United States declaring that no state shall deprive any person of his life, liberty or property (5) See Appendix C, page 36 for legal status of sterilization laws in various States and the number of operations performed under these laws to .January 1, 19.35. (6)H. H. Laughlin, The Legal Status of Eugenical Sterilization. Page 7. 8 EuGENiCAL Sterilization in North Carolina without due process of law, or deny them the equal protection of the laws ; and the Constitution of North Carolina providing that no person shall be deprived of life, liberty or property but by the law of the land. North Carolina's new sterilization law, Chapter 224, Public Laws of 1933, was introduced by Representative W. A. Thomp- son of Beaufort County, at that time a member of the Board of Directors of Caswell Training School. The bill was prepared by Dr. John S. Bradway, Director of the Duke Legal Aid Clinic with the assistance of Mr. R, H. Wettack, of the University of North Carolina Law School, Dr. H. W. Crane and R. Eugene Brown of the State Board of Charities and Public Welfare, after considerable study of the Virginia Statute, other sterilization statutes in use, and the model statutes set forth in "The Legal Status of Eugenical Sterilization" prepared by Dr. H. H. Laugh- lin of the Eugenics Record Office as a supplement to the Annual Report of The Muncipal Court of Chicago for the year 1929. This act provides for notice of hearing, ample opportunity to be heard and opportunity for appeal to the courts. It is believed, therefore, to be constitutional and also to fulfill the requirements of a good eugenical sterilization law. The full text of the 1933 law as amended by the General Assembly of 1935 may be found in Appendix B of this report, pages 21-27. The Eugenics Board of North Carolina consists of the Com- missioner of Public Welfare, the Secretary of the State Board of Health, the Chief Medical Officer of the State Hospital at Raleigh, the Chief Medical Officer of an institution for the feeble- minded or insane not located in Raleigh to be designated from time to time by the other four members, and the Attorney General of North Carolina. The Board is authorized to appoint a secretary not a member of the Board to conduct the business of the Board between meet- ings, receive all petitions, keep records, call meetings, and act as executive of the Board in such matters as may be delegated to him by the Board. For whom is sterilization advocated? Sterilization is intend- ed for those who are feeble-minded and the mentally diseased, who would be likely to transmit their defects to their children or who are entirely incapable of rearing children. Under the provisions of the North Carolina Statute any mentally diseased, feeble-minded, or epileptic inmate or patient of the State or EuGENicAL Sterilization in North Carolina 9 county institutions, or any mentally diseased, feeble-minded or epileptic resident of a county, not an inmate of a public institu- tion may be sterilized when the provisions of the law have been complied with if it is believed to be for the best interest of the mental, moral or physical improvement of the patient, inmate or non-institutional individual; or when it is believed to be for the public good ; or when such patient, inmate or non-institu- tional individual would be likely, unless sterilized, to procreate a child or children who would have a tendency to serious physical, mental or nervous disease or deficiency. Other statutes in the United States contain similar provi- sions although some are more inclusive. Dr. E. A. Whitney writing on "Selective Sterilization" in the April 1933 Birth Con- trol Review states that the "present valid statutes in the United States provide for the human sterilization of the following groups of people: 32 affecting the feeble-minded, 18 insane, 18 idiots, 18 epileptics, 16 imbeciles. 7 rapists 7 moral degenerates. 7 hereditary recurrent insanity, 6 habitual criminals. 2 hereditary criminals." The German Sterilization Statute includes the following: "I. Whoever is afflicted with a hereditary disease can be steril- ized by a surgical operation, if — according to the experience of medical science — there is a great probability that his descendants will suffer from serious bodily or mental de- fects. Hereditary diseases under this law are: 1. Hereditary feeble-mindedness, 2. Schizophrenia, 3. Manic depressive insanity, 4. Hereditary epilepsy, " ~^. Huntington's Chorea, 6. Hereditary blindness, 7. Hereditary deafness, 8. Serious hereditary bodily deformities. "II. Furthermore those suffering from alcoholism can be steril- lzed."(7) Numerous cases might be given to illustrate the type of per- sons who should be sterilized. Classic illustrations are the Kallikak family in which the illegitimate son by a feeble-minded (7)Eiigenical Xe\v.s. September-October, 1933. 10 EuGENiCAL Sterilization in North Carolina woman headed five generations, 480 offspring, only 46 of whom were known to be normal ; the Jukes family with 1,200 defec- tives in six generations and the Nam family with 90 per cent feeble-minded. A study made of the descendants in the Jukes family showed that up to 1915 the cost of this group to the State of New York in institutional care alone was over $2,000,000. To bring the matter nearer home the Wake Family may be cited; a family studied by the State Board of Public Welfare a few years ago and designated the "Wake" family because of the location of the family originally in Wake County. Joe Wake, probably feeble-minded, married Mary, a fleeble- minded woman in 1895. They had 8 children, 5 of whom were known to be feeble-minded. The record of another indicates that he also was feeble-minded. The father's record is as follows: Two years in the county work house, An inmate of the county home for a time, A police court record, Three months in the county jail. Always a regular patron of Associated Charities and aided by church, Died of paresis in the State Hospital at Raleigh, Buried through public funds. The mother, whose mental age was 8 years: Served numerous jail sentences. Arrested 24 times between 1914 and 1922, Always a regular patron of Associated Charities and church aid, Died a dope addict in State Hospital, Raleigh, Buried through public funds. First child died in infancy. Second child, Sam, served several jail and work house sentences. Served sentence in State Prison for burglary. Location at present not known. Third child died in infancy. Fourth child, Sue, was sent to Children's Home Society in Greensboro for placement in 1910. Tried out in 3 private homes. In 1912 re- turned to parents. Later arrested and served 19 months in county home. Sent to Salvation Army Home in South Carolina in 1916^. Arrested in Army Camp in 1918 and sent to Massachusetts reforma- tory. Transferred to Caswell Training School at Kinston in 1919 where she remained until 1930 when she ran away. Fifth child, Anne, sent to Children's Home Society, 1910. Efforts at placing her in foster homes failed. Sent to Caswell Training School in 1914 where she is now. Sixth child, Bess, sent to Children's Home Society in 1910. Sent to Caswell Training School in 1914 where she is now. Seventh child, Tom, sent to Children's Home Society in 1910. Placed in foster home in South Carolina where he stayed until 1920. Then sent to South Carolina Training School for feeble-minded where he is now. EuGENiCAL Sterilization in North Carolina 11 Eighth child, Jesse, given away in 1911 at the age of 3 years. In 1922 he was living with a family on a farm near Raleigh. Examination showed that he was feeble-minded when examined by State Psychol- ogist. At the end of 1922 it was found that the family had cost the public at least .$20,000.00. The present estimate based on the cost of institu- tional care shows that they have cost the public of Wake County and North Carolina not less than $30,000.00. For the cost of around $100.00 the father and mother of these children could have been sterilized. There are many misconceptions of the purposes of eugenical sterihzation. There seems to be a notion that sterihzation will solve behavior problems, particularly sexual delinquencies, and there is also an idea that sterilization is or should be a punish- ment for such delinquencies. Such claims are not based on facts and any proposal to make sterilization a punishment for crime would only serve to jeopardize the cause of eugenical steriliza- tion. While the words "criminals" and "delinquents" do not occur in the North Carolina statute, it does provide definitely for the sterilization of inmates of penal and correctional institutions who are found to be feeble-minded, epileptic or mentally diseased. The following conclusions reached by the Human Betterment Foundation after having made a survey of the effects of sterili- zation as practiced in California will serve to make clear the purposes of eugenical sterilization : "1. That sterilization has one effect only — it prevents parenthood. 2. It is not a punishment; it is a protection; and therefore carries no stigma or humiliation. 3. It in no way unsexes the party sterilized. 4. Sterilization is approved by the families and friends of the sterilized. 5. It is approved by the medical staffs, probation officers, and social workers generally wherever they have come in contact with these patients. 6. It permits patients to return to their homes and friends who would otherwise be confined to institutions during the fertile period of life. 7. The records show that many moron girls paroled after sterilization have married and are happy and succeeding fairly well. They could never have managed and cared for children, to say nothing of the inheritance and fate of such children. 8. Homes are kept together by sterilization of husband and wife in many mild cases of mental disease, thus removing the dread by the normal spouse of the procreation of a defective child and permitting normal marital companionship. 9. There is no discovery vitally affecting the life, happiness and well being of the human race in the last quarter of a century about which intelli- gent people know so little, as modern sterilization. The operation is 12 EuGENiCAL Sterilization in North Carolina simple, it removes no organ or tissue of the body. It has no effect on the patient except to prevent parenthood. Under conservative laws, sanely and diplomatically administered, as they have been in California, these discoveries developed by the medical profession now offer to these classes the greatest relief possible and the greatest protection to the defenseless child of the future. It offers one, humane, practical protec- tion against threatened race degeneracy. The North Carolina law differs from most other state sterili- zation laws in that it contains provisions for asexualization, or castration. This provision, however, has no relation to eugeni- cal sterilization and should be resorted to only in special in- stances as a matter of therapeutic treatment. It should not be confused with the eugenical purposes of the law. When the 1933 Sterilization Law was enacted no appropria- tion was made. The expenses of printing forms and necessary postage had until June 30, 1935 been borne by the State Board of Charities and Public Welfare. The General Assembly of 1935 appropriated $2,055.00 to the Eugenics Board for the year 1935-36 and $1,955.00 for the year 1936-37. Only two of the State Institutions, the State Hospital at Raleigh and the State Hospital at Goldsboro, have done steriliza- tions on more than a small scale. The General Assembly of 1935 appropriated $1,500.00 annually to Caswell Training School to be used for sterilization work. None of the inmates of Caswell Training School should be released before being sterilized, except in the few instances where normal children have been committed through error. At least 40 per cent of the inmates of the penal and correctional institutions in North Carolina, it is estimated, are feeble-minded and should be sterilized before being released. Studies made of the populations of such institutions in this and other states show that from 20 to 50 per cent of those confined are feeble- minded. Report of Massachusetts Commissioner of Mental Diseases shows that out of 1,564 juvenile delinquents examined during the year ended October 1, 1933 under the jurisdiction of the juvenile courts, 718 or 45.91% were subnormal (borderline cases) and 345 or 22.06% were definitely feeble-minded. Out of 203 boys' cases studied at Eastern Carolina Training School up to the early part of 1933 it was found that 95 boys or 47% of those examined were definitely feeble-minded. Out of 170 girls' cases studied at Samarcand Manor during the past year it was found that more than 50 per cent were definitely feeble-minded. EuGENiCAL Sterilization in North Carolina 13 To July 1, 1935 a total of 223 operations for sterilization of mental defectives have been performed. Of these 49 were per- formed between June, 1929 and February, 1933. Under the 1933 law the Eugenics Board has authorized 231 operations. One hundred and seventy-four of these have been performed. Of the 223 operations 44 were performed upon men and 179 upon women. One hundred and forty of the patients were in- mates of State Institutions; 15 were inmates of county institu- tions; and 68 were non-institutional cases. Statistical tables may be found on pages 16-20, Appendix A. INSTITUTING STERILIZATION PROCEEDINGS Under Provisions of the 1933 Act as Amended by the 1935 General Assembly Procedure: In institutional cases the executive head of the institution or his duly authorized agent shall act as petitioner and in non-institutional cases the petitioner is the county Super- intendent of Public Welfare. In county institutional cases the Superintendent of Public Welfare is also authorized to act as petitioner in instituting proceedings. Petitions must be properly prepared and executed upon forms provided by the Eugenics Board, copies of which may be obtained from the Secretary of the Board. The medical and social histories should contain all the cir- cumstances surrounding the person's life in so far as they bear upon the likelihood of the person to procreate a child or children who would have a tendency to serious physical or mental defi- ciency, or mental or nervous disease. The operation shall be performed by no one except a duly qualified and registered North Carolina physician or surgeon, and by him only upon a written order signed after complete compliance with the procedure outlined in the act by the respon- sible executive head of the institution or board, or by the Super- intendent of Public Welfare. The name of the surgeon who will perform the operation should be given in the petition for steril- ization. In cases of feeble-mindedness the intelligence quotient or mental age should be given. In "Record of Defects" the names and relationships of any relatives who have exhibited such defects should be given. Reasons for requesting sterilization should be briefly and definitely stated. 14 EuGENiCAL Sterilization in North Carolina If no near relative is known, the Clerk of the Court should be requested to appoint a guardian to protect the interests of the patient or inmate during and for the purposes of proceedings under this act. Although the sterilization statute is compulsory the consent of the person named in the petition, next of kin or legal guardian should be obtained if possible. Notice and Hearing: The statute provides that before the Board can issue an order it must hold a hearing in which reasons for and against the operation are heard, and at which time the party to be operated upon may be present or represented. Notice of hearing and copy of the petition, certified by the Secretary of the Eugenics Board to be a true and correct copy must be served upon the inmate, patient, or non-institutional individual and other parties as designated by the law, at least 15 days in advance of the time set for the hearing. The notice of hearing must set out the time and place of hearing. The person named in the petition or any party to the proceedings may be present or represented by counsel at such hearing. If no objections are to be made it is not necessary for any of the parties concerned to be present for the hearing. Under the provisions of the 1935 amendment to Section 9 of the 1933 sterilization law, the usual procedure of having the Sheriff serve a notice of hearing and a certified copy of the petition will not be necessary if consent of the parent, guardian, or spouse or next of kin is given in writing. If patient is 21 years of age and is not an inmate of one of the three State Hospitals or Caswell Training School and if the said patient has not been declared mentally unsound by a court of competent jurisdiction, the patient's consent must also be obtained. If consent as here indicated is obtained, the petitioner may have the operation performed as soon as the order of the Board is received. Action of Eugenics Board: The Board may deny the prayer of the petitioner or make such order as under all the circum- stances of the case may seem appropriate. In passing upon a case the Board will consider whether the operation indicated in the petition will be for the best interest of the person named in the petition or for the public good. If the petition is approved by the Board, an order will be made naming the date and the specific operation which is to be EuGENiCAL Sterilization in North Carolina 15 performed. This order may be made to the petitioner any time within 15 days after the hearing. Appeal: After an order is entered by the Eugenics Board any party to the proceedings may within 15 days from date of order give notice of appeal to the Superior Court. In an appeal the person upon whom the operation has been ordered is to be deemed the plaintiff. If the court does not sustain the plaintiff's objections he has 10 days in which to file notice of appeal to the Supreme Court. Dutij to Institute Proceedings: The law states that it shall be the duty of the head of an institution or the Superintendent of Public Welfare to institute proceedings by filing petitions with the Eugenics Board in any or all of the following circumstances : 1. When in his opinion it is for the best interest of the mental, moral or physical improvement of the pa- tient, inmate or non-institutional individual, that he or she be operated upon. 2. When in his opinion it is for the public good that such patient be operated upon. 3. When in his opinion such patient would be likely unless operated upon to procreate a child or chil- dren who would have a tendency to serious physi- cal, mental or nervous disease or deficiency. 4. When requested to do so in writing by the next of kin or legal guardian of such individual. 5. When the head of any state or county penal or charitable institution has been requested to do so in writing by any public official or by the legal guardian or next of kin not later than 30 days prior to the date of parole or discharge of such patient. Upon receipt of the signed approval of the Eugen- ics Board it shall be the duty of the head of the institution to have performed the operation pre- scribed by the Board upon such patient or inmate before being paroled or discharged. Liability: No person legally participating in sterilization proceedings under this law shall be liable, either civilly or crim- inally on account of such participation, except in cases of negli- gence in performance of the operation. Appendix A TABLE I Number of Cases Presented at Each Meeting of the Eugenics Board and Number of Operations Ordered Under the 1933 Law New Cases Cases Carried Over From Previous Meeting Operations Ordered October 21. 1933 o O 1 9 6 4 4 5 6 1 6 1 6 IS oo 12 14 12 19 34 22 25 1 3 1 3 November 13 1 December 13 9 January 19, 1934 5 February 21 5 March 21 4 April 20 5 May 23 6 June 27 1 Julv 20 6 August 29 4 September 19 6 October 19 21 November 21 21 December 19 12 January 18, 1935 13 February 20 12 March 20 19 April 19 34 May 22 20 June 19 . . 24 236 231 NOTE : — An appeal was taken in one case under the present law in February, 1933. The Superior Court sustained the action taken by the Eugenics Board, and the operation was per- formed, since no appeal was taken to ths Supreme Court. TABLE II Eugenic Sterilization Operations Performed in North Carolina to June 30, 1935. lear Male Female Vasectomy Castration Salpin- gectomy Ovariectomy Total 1929 ' 1 1 7 9 1 o 9 8 6 10 10 7 3 46 91 1 5 1 2 1 2 3 1930 1931 17 11 1932 18 1933 ' 4 1934 1 62 1935 to June 30 ' lOS Grand Totals 18 13 5 26 24 2 167 97 11 59 12 6 2 4 223 Total for State Institutions Total for County Institutions... Total Non-Institutional cases.. 140 15 68 EuGENiCAL Sterilization in North Carolina 17 TABLE III Sterilization Operations — State Institutions Year Male Female Vasectomy Castration Salpin- gectomy Ovariectomy Total 1929 1 5 7 1 9 8 6 4 3 5 1 32 52 4 1 1 1930 1931 1932 9 3 15 1933 9 1934 _ 1935 46 65 Total 13 24 97 6 140 TABLE IV Sterilization Operations — County Institutions Male Female Year Vasectomy Castration Salpin- gectomy Ovariectomy Total 1929 1930 -...- 1931 1932 1933 1934 1935 — 1 1 2 3 1 5 1 1 2 3 4 1 5 Total .... 2 H 2 15 18 EuGENicAL Sterilization in North Carolina TABLE V Sterilization Operations — Non-Institutional* — June 30, 1935 Year Male Female Total Vasectomy Castration Salpin- gectomy Ovariectomy 1929 1930 1931 1 2 2 .... 4 4 ■> 2 13 34 1 1 2 1 5 4 1932 1933 1934 1935 3 2 15 38 Total 5 .... 59 4 68 *Miss Grace M. Robson, Superintendent of the State Home and Industrial Scliool at Samar- cand, lias promoted sterilization plans with county officials for girls, former inmates, who were found to be feeble-minded. Of the 68 operations listed as non-institutional cases, 28 opera- tions have been performed as a result of this worlc. TABLE VI Age, Sex and Type of 0per.\tion of Persons Sterilized and Asexualized in North Carolina to June 30, 1935. Age Vasectomy Castration Total Males Salpin- gectomy Ovari- ectomy Total Females Total 10-19* 1 6 7 2 2 7 14 3 1 1 8 20 10 3 2 1 70 65 31 1 9 •> 1 .... 79 67 32 1 87 20-29 87 30-39 42 40-49 4 Over 49 2 Unknown 1 Totals 18 26 44 167 12 179 223 *0f the 87 cases in this group six were under 14 — one at age 10, two at age 12, and three at age 13. EuGENiCAL Sterilization in North Carolina 19 < z < I— 1 l-H Q > lO H !- CO m J z tH CO Eh c E-1 a a z as o z D a: Q rf iH ; N IS: Q tu c C3 o o " a C.2 ^H :C5'-■ C K c CC c i^ 5 S C o C- Q . ■^ '-< iln 'O ^ 5 S w a S 02 ^ *S S *3 :^ tS +j ;-, S S 5= S S ^ b C C Q O K U U Q cc CO CO en CO c» o; K VI VI 'vi o o o o J3 J3 J= J= o o u o >>>>>> X VI ifi in vi P-i P-i P-i Ai S >> m J3 £ "^ ^ ~ ^ ^ ^ e >> >. O j3 ^ j3 Ph f4 Ch n V3 93 I a P. o. » o a* a> 2 S. A A a> H w a f^ 1— lC^HMCO'3«l.'^ 20 EuGENicAL Sterilization in North Carolina TABLE VIII Sterilization Operations — State Institutions — By Institution and Type of Operation, June 30, 1935. Institution Male Female Vasectomy Castration Salpin- gectomy Ovariectomy Total Caswell Training Scliool State Hospital at Raleigli 6 7 1 4 19 4 82 6 2 2 4 5 94 State Hospital at Goldsboro Farm Colony for Women Samarcand Manor 29 6 6 Total 13 24 97 6 140 TABLE IX Sterilization Operations with Reference to Type of Operation and Race, June 30, -1935. Type of Operation Vasectomy Castration Salpingectomy Ovariectomy ... Total White 10 6 i.ir 11 184 Negro 8 20 10 1 39 Total 18 26 167 12 223 Appendix B NORTH CAROLINA STERILIZATION STATUTE, CHAPTER 224, PUBLIC LAWS OF 1933 AS AMENDED BY CHAPTER 463 PUBLIC LAWS OF 1935 Section 1. The governing body or responsible head of any penal or char- itable institution supported wholly or in part by the State of North Carolina, or any subdivision thereof, is hereby authorized and directed to have the necessary operation for asexualization, or sterilization performed upon any mentally diseased, feeble minded or epileptic inmate or patient thereof, as may be considered best in the interest of the mental, moral, or physical im- provement of the patient or inmate, or for the public good. Provided, how- ever, that no operation described in this section shall be lawful unless and until provisions of this act shall be first complied with. Sec. 2. It shall be the duty of the board of commissioners of any county of North Carolina, at the public cost and expense, to have one of the opera- tions described in Section 1 of this act performed upon any mentally diseased, feeble minded or epileptic resident of the county, not an inmate of any public institution, upon the request and petition of the superintendent of public welfare or other similar public official performing in whole or in part the functions of such superintendent, or of the next of kin, or the legal guardian of such mentally defective person. Provided, however, that no operation described in this Section shall be lawful unless and until the provisions of this act shall be first complied with. Sec. 3. No operation under this act shall be performed by other than a duly qualified and registered North Carolina physician or surgeon, and by him only upon a written order signed after complete compliance with the procedure outlined in this act by the responsible executive head of the institution or board, or the superintendent of public welfare, or other similar official performing in whole or in part the functions of such superintendent, or the next of kin or legal guardian having custody or charge of the feeble minded, mentally defective or epileptic inmate, patient or non-institutional individual. Sec. 4.* If the person upon whom the operation is to be performed is an inmate or patient of one of the institutions mentioned in Section 1 of this act, the executive head of such institution or his duly authorized agent shall act as prosecutor of the case. If the person upon whom the operation is to be performed is an inmate, or patient of a charitable or penal institution supported by the county, the executive head of such institution or his duly authorized agent, or the county superintendent of welfare or such other official performing in whole or in part the functions of such superintendent of the county in which such county institution is situated, shall act as petitioner in instituting proceedings before the Eugenics Board. If the person to be operated upon is not an inmate of any such public insti- tution, then the superintendent of welfare or such other official performing in whole or in part the functions of such superintendent of the county of which said inmate, patient, or non-institutional individual to be sterilized 22 EuGENiCAL Sterilization in North Carolina is a resident, sliall be tlie prosecutor. It shall be the duty of such prosecutt/r promptly to institute proceedings as provided by this act in any or all of the following circumstances. 1. When in his opinion it is for the best interest of the mental, moral or physical improvement of the patient, inmate, or non-institutional indi- vidual, that he or she be operated upon. 2. When in his opinion it is for the public good that such patient, in- mate or non-institutional individual be operated upon. 3. When in his opinion such patient, inmate or non-institutional indi- vidual vi'ould be likely, unless operated upon to procreate a child or children who would have a tendency to serious physical, mental or nervous disease or deficiency. 4. When requested to do so in writing by the next of kin or legal guardian of such patient, inmate or non-institutional individual. 5. In all cases as provided for in Section 20 of this act. Sec. 5. There is hereby created the Eugenics Board of North Carolina. All proceedings under this act shall be begun before the said Eugenics Board. This board shall consist of five members and shall be composed of: (1) The Commissioner of Public Welfare of North Carolina; (2) The Secre- tary of the State Board of Health of North Carolina; (3) The Chief Medical OflScer of an Institution for the feeble minded or insane of the State of North Carolina, not located in Raleigh; (4) The Chief Medical Officer of the State Hospital at Raleigh; (5) The Attorney General of the State of North Carolina. Any one of these officials maj' for the purpose of a single hearing delegate his power to act as a member of said board to an assistant, provided said delegation is made in writing, to be included as a part of the permanent record in said case. The said board shall from time to time elect a chairman from its own membership and adopt and from time to time modify rules governing the conduct of proceedings before it, and from time to time select the member of the said board designated above as the Chief Medical Officer of an Institution for the feeble minded or insane of the State of North Carolina not located in Raleigh. Sec. 6. The Board of Eugenics shall meet at least quarterly in each year in Raleigh for the purpose of hearing all cases that may be brought before it and shall continue in session with appropriate adjournments until all current applications and other pending business have been disposed of. The members shall receive no additional compensation for their services. Sec. 7. The board shall appoint a secretary not a member of the board who shall conduct the business of the board between the times of the regular meetings. Such secretary shall receive all petitions, keep the records, call meetings, and in general act as the executive of said board in such matters as may be delegated to him by said board. Sec. 8.* Proceedings under this act shall be instituted by the petition of said petitioner to the Eugenics Board. Such petition shall be in writing, signed by the petitioner and duly verified by his affidavit to the best of his knowledge and belief. It shall set forth the facts of the case and the grounds of his opinion. The petition shall also contain a statement of the mental and EuGENiCAL Sterilization in North Carolina 23 physical status of the patient verified by the affidavit of at least one physician who has had actual knowledge of the case and who in the cases of inmates or patients of institutions described in Section 1 of this act may be a mem- ber of the medical staff of said institution. The Eugenics Board may require that the petitioner submit additional social and medical history in regard to the inmate, patient or individual resident and his family. The prayer of said petition shall be that an order be entered by said Board authorizing the petitioner to perform, or to have performed by some competent physician or surgeon to be designated by him in the petition or by said board in its order upon said inmate, patient or individual resident named in said petition in its discretion that the operation of sterilization or asexualization as specified in Section 1 of this act which shall be best suited to the interests of the said inmate or patient or to the public good. Sec. 9.* A copy of said petition, duly certified by the Secretary of the said Board to be correct, must be served upon the inmate, patient or indi- vidual resident, together with a notice in writing signed by the Secretary of the said board designating the time and place not less than fifteen days before the presentation of such petition to said board when and where said board will hear and act upon such petition. It shall be sufficient service if the copy of said petition and notice in writing be delivered to said inmate, patient or individual resident, and it shall not be necessary to read the above mentioned document to said patient, inmate or individual resident. A copy of said petition, duly certified to be correct and the said notice must also be served upon the legal or natural guardian and next of kin of the inmate, patient or individual resident. If no near relative is known, the copy and notice shall be sent to the solicitor of the county in which the inmate, patient or individual resident resides, and it shall be his duty to protect the rights and best interests of the said inmate, patient or indi- vidual resident. If there is no next of kin and no solicitor in said county, or if there is no known guardian of said inmate, patient, or individual resident and the said inmate, patient or individual resident is of such mental condition as not to be competent reasonably to conduct his own affairs, then the said prosecutor shall apply to the Superior Court of the County in which the inmate, patient or individual resident resides or to the judge thereof in vacation, who shall appoint some suitable person to act as guardian of the said inmate during and for the purposes of proceedings under this act, to defend the rights and interests of the said inmate, patient or individual resident. And such guardian shall be served likewise with a copy of the aforesaid petition and notice, and shall under all circumstances be given at least 15 days notice of said hearing. Such guardian may be removed or discharged at any time by the said court or the judge thereof in vacation and a new guardian appointed and substituted in his place. If the said inmate or patient be under 21 years of age and have a living parent or parents whose names and addresses are known or can by reasona- ble investigation be learned by said prosecutor, they or either of them, as the case may be, shall be served likewise with a copy of said petition and notice and shall be entitled to at least 15 days notice of the said hearing. 24 EuGENiCAL Sterilization in North Carolina Provided that the procedure described in this section shall not be necessary in the case of any operation for sterilization or asexualization provided for in this act if the parent, legal or natural guardian, or spouse or next of kin of the inmate, patient or non-institutional individual shall submit to the superintendent of the institution of which the subject is a patient or inmate or to the superintendent of public welfare of the county in which the subject is residing regardless of whether the subject is a legal resident of such county, a duly witnessed petition requesting that steriliza- tion or asexualization be performed upon said inmate, patient or non- institutional individual provided the other provisions of this act are com- plied with. Any operation authorized in accordance with this proviso may be performed immediately upon receipt of the authorization from the Eugenics Board. Sec. 10. The said board at the time and place named in said notice with such reasonable continuances from time to time and from place to place as the said board may determine, shall proceed to hear and consider the said petition and evidence offered in support of and against the same, pro- vided that the said board shall give opportunity to said inmate, patient or individual resident to attend the said hearings in person if desired by him or if requested by his guardian or next of kin or the solicitor. The said board may receive and consider as evidence at the said hearings the commitment papers and other records of the said inmate or patient with or in any of the aforesaid institutions as certified by the superintendent or executive official, together with such other evidence as may be offered by any party to the proceedings. Any member of the said board shall have power for the purposes of this act to administer oaths to any witnesses at such hearing. Depositions may be taken, as in other civil cases, by any party after due notice and read in evidence, if otherwise pertinent. Any party to the said proceedings shall have the right to be represented by counsel at such hearings. A stenographic transcript of the proceedings at such hearings duly certified by the petitioner and the inmate, patient or individual resident, or his guardian or next of kin, or the solicitor, shall be made and preserved as part of the records of the case. Sec. 11. That said board may deny the prayer of the said petition or if in the judgment of the board, the case falls within the intent and meaning of one or more of the circumstances mentioned in Section 4 of this act, and an operation of asexualization or sterilization seems to said board to be for the best interest of the mental, moral or physical improvement of the said patient, inmate or individual resident or for the public good, it shall be the duty of the board to approve said recommendation in whole or in part or to make such order as under all the circumstances of the case may seem appropriate, within 15 days after the conclusion of said hearings, and to send to the prosecutor a written order, signed by at least three members of the board, directing him to proceed with the operation as provided in this act. Said order shall contain the name of the specific operation which is t') be performed and the date when said operation is to be performed. EuGENiCAL Sterilization in North Carolina 25 If the board disapproves the petition, the case may not be brought up again except on the request of the inmate, patient, or individual resident, or his guardian or one or more of his next of kin, husband, wife, father, mother, brother, or sister, until one year has elapsed. Nothing in this act shall be construed to empower or authorize the board to interfere in any manner with the right of the patient, inmate, or indi- vidual resident, or his guardian or next of kin to select a competent physician of his own choice for consultation or operation at his own expense. Sec. 12. Any order granting the prayer of the petition, in whole or in part, may be delivered to the petitioner by registered mail, return receipt demanded, to all parties in the case, including the legal guardian, the solicitor and the next of kin of the inmate, patient, or individual resident. It shall be the duty of the said guardian, the solicitor and the next of kin to protect, by such measures as may seem to them in their sole discretion sufficient and appropriate, the rights and best interests of the said inmate, patient, or individual resident. If the inmate, patient, or individual resident or the next of kin, legal guardian, solicitor of the county, and guardian appointed as herein provided, after the said hearing but not before shall consent in writing to the operation as ordered by the board, such operation shall take place at such time as the said prosecutor petitioning shall designate. Sec. 13.* If it appears to the inmate, patient, or individual resident, or to his or her representative, guardian, patient or next of kin, or to the solicitor, that the proceedings taken are not in accordance with the law, or that the reasons given for asexualization or sterilization are not ade- quate or well founded, or for any other reason the order is not legal, or is not legal as applied to this inmate, patient or individual resident, he or she may within 15 days from the date of such order have an appeal of right to the Superior Court of the County in which said inmate or patient resided prior to admission to the institution, or the county in which the non-insti- tutional individual resides. This appeal may be taken by giving notice in writing to any member of the board and to the other parties to the proceed- ing, including the doctor who is designated to perform the said operation. Upon the giving of this notice the petitioner within 15 days thereafter shall cause a copy of the petition, notice, evidence and orders of the said board certified by any member thereof to be sent to the clerk of the said court, who shall file the same and docket the appeal to be heard and determined by the said court as soon thereafter as may be practicable. The presiding judge of said Superior Court may hear the appeal upon affidavit or oral evidence and in determining such an appeal may consider the record of the proceedings before the Eugenics Board, including the evidence therein appearing together with such other legal evidence as may be offered to the said Judge by any party to the appeal. In hearing such an appeal the general public may be excluded and only such persons ad- mitted thereto as have direct interest in the case. Upon such appeal the said Superior Court may affirm, revise, or reverse the orders of the said board appealed from and may enter such order as it deems just and right and which it shall certify to the said board. 26 EuGENiCAL Sterilization in North Carolina The pendency of such appeal shall automatically and without more, stay proceedings under the order of the said board until the appeal be com- pletely determined. Should the decision of the Superior Court uphold the plaintiff's objection, such decision, unless appealed from, will annul the order of the board to proceed with the operation and the matter may not be brought up again until one year has elapsed except by the consent of the plaintiff or his next of kin, or his legal representative. Should the court affirm the order of the board, then, if no notice of appeal to the Supreme Court is filed within 10 days after such decision, said board's recommenda- tion as affirmed shall be put into effect at a time fixed by the original prose- cutor or his successor in office and the inmate, patient or individual shall be asexualized or sterilized as provided in this act. In this appeal the person for whom an order of asexualization or sterili- zation has been issued shall be designated as the plaintiff, and the prosecutor presenting the original petition shall be designated as defendant. Sec. 14.* The cost of appeal, if any, to the Superior or higher courts, shall be taxed as in civil cases. If the case is finally determined in favor of the plaintiff, the costs shall be paid by the county. Sec. 15. Any party to such appeal to the Superior Court may within 10 days after the date of the final order therein, apply for an appeal to the Supreme Court, which shall have jurisdiction to hear and determine the same upon the record of the proceedings in the Superior Court and to enter such order as it may find the Superior Court should have entered. The pendency of an appeal in the Supreme Court shall operate as a stay of proceedings under any orders of the said board and the Superior Court until the appeal be determined by the said Supreme Court. Sec. 16. Neither the said petitioner nor any other person legally parti- cipating in the execution of the provisions of this act shall be liable, either civilly or criminally, on account of such participation, except in case of negligence in the performance of said operation. Sec. 17. Nothing contained in this act shall be construed so as to pre- vent the medical or surgical treatment for sound therapeutic reasons of any person in this state by a physician or surgeon licensed in this state, which treatment may incidentally involve the nullification or destruction of the reproductive functions. Sec. 17(a).* That nothing in this act shall, in any way, interfere with any surgeon in the removal of diseased pathological tissue from any patient. Sec. 18. Records in all cases arising under this act shall be filed perma- nently with the secretary of the said Eugenics Board. Such records shall not be open to public inspection except for such purposes as the court may from time to time approve. Sec. 19. This act is severable in its provisions; and the validity of any part, section or provision of the same shall not be construed to affect the validity of any other part which may be given practical operation and effect without the invalid part, section or provision. Where the inmates, patients, or non-institutional individuals are referred to in this act as of the masculine or feminine gender, the same shall be EuGENiCAL Sterilization in North Carolina 27 construed to include the feminine or masculine gender as well. Wherever the term individual resident appears in this act it shall be construed to mean non-institutional individual. Sec. 20. Before any inmate or patient designated in Sections 1 and 4 of this act shall be released, paroled, or discharged, it shall be the duty of the governing body or responsible head of any institution above mentioned to comply with the procedure set out in this act, whenever a written request for the asexualization or sterilization of said inmate or patient is filed with the governing body or responsible head of the institution in which such inmate or patient has been legally confined. This written request may be made by any public official or by the legal guardian or next of kin of any inmate, or patient not later than 30 days prior to date of said parole or discharge. Upon the receipt of the signed approval of the Eugenics Board as described in this act, it shall be the duty of said governing board or responsible head to issue an order for the performance of the operation upon said inmate, or patient, and the operation must be performed before the release, parole or discharge of any such inmate or patient. Sec. 21. Chapter 34, Public Laws of 1929 is hereby repealed. •Sections as amended by Chapter 463, Public Laws of 1935. LEGAL FORMS FOR CARRYING OUT PROVISIONS OF NORTH CAROLINA STATUTE Form No. I. — Petition for Operation of Sterilization or Asexualization. County Institution. Inmate of State or NORTH CAROLINA, County. IN RE: STERILIZATION OR ASEXUALIATION OF Before the Eugenics Board of North Carolina PETITION FOR OPERATION OF STERILIZATION OR ASEXUALIZATION To the Eugenics Board of North Carolina: — GREETINGS — YOUR PETITIONER, ._ ., having made investigation of the case of , hereinafter designated as the patient or inmate; and having made a study of the medical history of the said in- mate of- - (Institution), wherein the inmate has been and is at present confined; and having made a study of the social case his- tory of the circumstances surrounding the inmate's life relative to the like- lihood of the said inmate to procreate a child or children, AND WHEREAS, it appears to your Petitioner that (1) it is for the best interest of the mental, moral and physical improvement of the inmate that he (or she) undergo an operation for sterilization or asexualization; (2) that it is for the public good that such inmate undergo such operation; and (3) that said inmate would be likely, unless operated upon, to procreate a child or children who would have a tendency to serious physical, mental, or nervous disease or deficiency; NOW, THEREFORE, Your Petitioner prays that an order be entered by the Eugenics Board of North Carolina requiring your Petitioner to perform, or to have performed by some competent physician or surgeon as may be designated by the Board in such order, upon , the inmate named in this Petition, one of the operations specified in Section 1, Chapter 224, Public Laws of North Carolina, 1933, which in the discretion of the Board, shall be best suited to the interests of the said inmate or to the public good. Signed:.- Petitioner This day of , 193--. VERIFICATION NORTH CAROLINA, County. , the Petitioner herein, being duly sworn, says that the foregoing and the following statements made in this Petition are true to his (her) own knowledge, except as to those matters stated upon information and belief, and as to those, he (she) believes it to be true. Petitioner Sworn to before me, this... -..day of .193 (N. P.; J. P.; or Clerk Superior Court) (Seal) My commission expires PERSONAL AND FAMILY HISTORY Name Age -. Race Sex Home Address County of... Present location Date of Birth Place of Birth... Legitimate Illegitimate Marital Status: Single Married Widowed Separated Divorced. Education: Illiterate... Reads ... Writes Public School grade completed .. College work - EuGENicAL Sterilization in North Carolina 29 Give Names, Ages and Present Location of Children of Patient (Inmate) : NAME AGE 1 present location Father's name Address. If dead give: Age at death Cause of Death Mother's name Address If dead give: Age at death Cause of Death. If married give: Name of husband or wife Address If father and mother are dead and subject is not married give: Next of kin Address Has guardian been appointed for this person? If so give Name. Address Institutional Record of Patient: INSTITUTION 1 cause | DATE ADMITTED DATE DISCHARGED - Has patient been given mental examinati 3n? If so give: Name of E Result of examination xaminer If petition is granted, will perform operation give name and address of physician or surgeon who MEDICAL HISTORY RECORD OF DEFECTS Check in front of defects exhibited by patient and indicate in space after each defect if exhibited by patient's children, brothers, sisters, parents, uncles, aunts, or grandparents. If any of these persons have had institu- tional care and treatment, give name of institution. 1 INSANITY 1 FEEBLE-MINDEDNESS 1 EPILEPSY ' CON^T'LSIONS 1 PARALYSIS 1 SEXUAL PROMISCUITY 1 SYPHH.IS 1 GONORRHEA 1 TUBERCULOSIS 1 ALCOHOLISM 1 CRIMINALITY 1 SUICID.\L TENDENCY 1 PAUPER 1 DRUG ADDICT 1 CONGENITAL BLINDNESS 1 ACQUIRED BLINDNESS 1 CONGENIT.A.L DEAFNESS 1 ACQUIRED DEAFNESS 1 DUMBNESS i EXTREME NERVOUSNESS 1 CHOREA ( SYDENHAM S) 1 CHOREA f HUNTINGTON S) 30 EuGENicAL Sterilization in North Carolina What is your diagnosis of the patient's mental and physical condition?. Use the following space for any medical history contained in your records not given above: — __ _. Upon the basis of the information given do you recommend sterilization or asexualization for this patient? Yes. I recommend: AFFIDAVIT OF PHYSICIAN , a registered physician of „ : County, North Carolina, being duly sworn says that he has had actual knowledge of the case of (patient or inmate), and says further that the fore- going medical history of (patient or inmate) is true of his own knowledge, except as to those matters therein stated upon information and belief, and as to those, he believes it to be true. Physician Sworn to before me, this day of , 193. (N. P.; J. P.; or Clerk of Stiperior Court) (Seal) My commission expires CERTIFICATE OF SECRETARY OF EUGENICS BOARD OF NORTH CAR- OLINA. THAT THE COPY OF THE PETITION WHICH IS SERVED WITH THE NOTICE OF HEARING, IS A TRUE AND CORRECT COPY OF THE ORIGINAL. , NORTH CAROLINA, IN RE: STERILIZATION OR ASEXUALIZATION OF — - County. I, , Secretary of the Eugenics Board of North Carolina, do hereby certify that the foregoing is a true and correct copy of the Petition for Operation of Sterilization or Asexualization institut- ed before the Eugenics Board of North Carolina, by , Petitioner, on , 193 Signed: Secretary of Eugenics Board of North Carolina. This day of --. 193 Form No. 2. — Petition for Operation of Sterilization or Asexualization. Non-Institutional Patient. NORTH CAROLINA, - . County. IN RE: STERILIZATION OR ASEXUALIZATION OP Before the Eugenics Board of North Carolina PETITION FOR OPERATION OF STERILIZATION OR ASEXUALIZATION To the Eugenics Board of North Carolina: GREETINGS — YOUR PETITIONER, , having made investigation of the case of , hereinafter designated as the patient, who resides at -— , in the State and County aforesaid; and having made a study of the medical history of the case of said patient, and having made a study of the social case history of the circumstances surrounding the patient's life relative to the likelihood of the said patient to procreate a child or children, AND WHEREAS, it appears to your Petitioner that (1) it is for the best interest of the mental, moral and physical improvement of the patient that he (or she) undergo an operation for sterilization or asexualization (2) that it is for the public good that such patient undergo such operation; and (3) that said patient would be likely, unless operated upon, to procreate a child or children who would have a tendency to serious physical, mental, or nervous disease or deficiency; EuGENiCAL Sterilization in North Carolina 31 NOW THEREFORE, Your Petitioner prays that an order be entered by the Eugenics Board of North Carolina requiring your Petitioner to perform, or to have performed by some competent physician or surgeon as may be designated by the Board in such order, upon the patient named in this Petition, one of the operations specified in Section 1, Chapter 224, Public Laws of North Carolina, 1933, which in the discretion of the Board, shall be best suited to the interests of the said patient or to the public good. Signed: - Petitioner This... day of - , 193 VERIFICATION NORTH CAROLINA, County. , the Petitioner herein, being duly sworn, says that the foregoing and the following statements made in this Petition are true to his (her) own knowledge, except as to those matters stated upon information and belief, and as to those, he (she) believes it to be true. Petitioner Sworn to before me, this day of , 193. (N. P.; J. P.; or Clerk Superior Court) (Seal) My commission expires NOTE. — The remaining part of Form 2 is identical to Form No. 1. Form No. 3. — Notice of Hearing. NORTH CAROLINA, Wake County. IN RE: STERILIZATION OR ASEXUALIZATION OF Before the Eugenics Board of North Carolina NOTICE OF HEARING (To Patient and Next of Kin, or Guardian) To , patient TAKE NOTICE, that there has been instituted before the Eugenics Board of North Carolina, by (Petitioner), a Petition, (copy of which duly certified by the Secretary of the Eugenics Board of North Carolina to be correct, is attached to this Notice), which prays for an order to be entered by the Eugenics Board of North Carolina requiring the aforesaid Petitioner to perform, or that said Petitioner have performed by some competent physician or surgeon as may be designated by the Board in such order, upon you patient, one of the operations specified in Section 1, Chapter 224, Public Laws of North Carolina 1933, which in the discretion of the Board shall be best suited to the interests of you, the said patient or to the public good. Take further notice therefore, that on ,at a.m. o'clock, at , in Raleigh, Wake County, the aforesaid Petition shall be presented to the Eugenics Board of North Carolina, at which time and at which place, aforesaid, the said Board Avill hear and consider such Petition and evidence offered in support of and against the same, and will act upon the same. You are hereby given notice that you v/ill be given opportunity, if desired, to attend the said hearing in person, and that you may be represented at such hearings by counsel. Signed Secretary of the Eugenics Board of North Carolina. This day of OFFICER'S RETURN SERVICE OF PETITION AND NOTICE OF HEARING SERVED , 193 , by delivering a copy of the above Notice, together with a copy of the "Petition for Operation of Sterilization or 32 EuGENicAL Sterilization in North Carolina Asexualization," certified by the Secretary of the Eugenics Board of North Carolina to be a correct copy, to each of the following: (Patient or- Inmate) (Legal or Xatur-al Guardian or Next of Kin of Patient or Inmate) (If no guardian or next of kin; to the solicitor of the county in tchich the inmate or patient resides.) Signed _ Sheriff of — County Note: The attached copies of this notice and petition must be served not less than 15 days before the time set for hearing. After service fill out "Officer's Return" and forward this entire sheet to Secretary of Eugenics Board, Box 1262, Raleigh. Form No. 4. — Order for Operation of Sterilization or Asexualization. NORTH CAROLINA, Wake Couxty. in RE: sterilization OR ASEXUALIZATION OF Before the ErcExus Board of North Carolina ORDER FOR OPERATION OF STERILIZATION OR ASEXUALIZATION WHEREAS, on , a Petition for Operation of Sterilization or Asexualization to be performed upon was instituted with this Board by , the Petitioner, and WHEREAS, on , the Secretary of the Eugenics Board of North Carolina, did issue a Notice of Hearing in this matter, which Notice together with a certified copy of the Petition was duly served upon the patient: and others, to wit: _ together, with a copy of the aforesaid Petition certified by the Secretary of the Eugenics Board to be a true and correct copy; and WHEREAS, this Board, at the place and time designated in the aforesaid Notice of Hearing, did consider the said Petition, and a medical history of the patient, a social case history of the circumstances surrounding the said patient's life relative to the likelihood of the said patient to procreate a child or children, and did hear and consider various other evidence duly offered in support of and against the said Petition, and patient not being present or represented, AND it being the opinion and judgment of this Board that this case falls within the intent and meaning of one or more of the circumstances men- tioned in Section four, Chapter 224, Public Laws of North Carolina, 1933, and that an operation of asexualization or sterilization will be for the best Interest of the mental, moral and physical improvement of the said patient, and/or for the public good. NOW THEREFORE, IT IS CONSIDERED, ADJUDGED, and ORDERED THAT the Petitioner, proceed to have performed upon (patient), on (date set must not be earlier than 15 days from the date of this order), on any day between , the operation of — such operation to be performed by - provided that nothing in this order shall interfere in any manner with the right of the patient, or his guardian or next of kin to select competent physician of his own choice for such operation at his own expense. Signed: _ — — - -- Members of the Eugenics Board of North Carolina. This --day of -- 193—. EuGENicAL Sterilization in North Carolina 33 CERTIFICATE OF SURGEON This is to Certify that I have this day sterilized, or asexualized (Name of Patient) „by doing a (Type of operation) Signed-..-- _ ...., m. D. Date NOTE:— File with Secretary of Eugenics Board of North Carolina, Box 1262, Raleigh, N. C. Form No. 5. — Authorization of Petitioner to Surgeon. NORTH CAROLLNA, , ^^^^^^ ^^^ County. I Eugenics Board of North Carolina IN RE: STERILIZATION OR ASEXUALIZATION OF f LETTER OF AUTHORIZATION TO SURGEON In accordance with the provisions of Section 3, Chapter 224 Public Laws of North Carolina and of the order of the Eugenics Board, I hereby authorize ( Name of Surgeon ) to perform the operation of.. _ — upon said on any day between and Signed Title .-.- Petitioner. Date Form 6-A. — Consent for Operation of Sterilization. I Before the NORTH CAROLINA, Eugenics Board of North Carolina County. In Re: Sterilization of \ CONSENT OF PARENT, GUARDIAN, SPOUSE, OR NEXT OF KIN I, the undersigned , do hereby petition (Name and relationship to patient.) (Name and title, as Supt. of Public Welfare or Supt. of State Institution wiiere patient is an inmate.) to institute proceedings before the Eugenics Board of North Carolina for the sterilization of , and I do hereby give my consent to the performance of such operation, said operation to be per- formed in accordance with the authorization of said Board. Signed: VERIFICATION NORTH CAROLINA, — - County. being duly sworn, deposes and says that he (or she) has read or has heard read the foregoing petition and knows the contents thereof; that the same is true of his (or her) own knowledge except as to those matters and things therein stated upon information and belief, as to those he (or she) believes it to be true. Deponent further says that the above was signed of his (or her) own free will and accord. Signed Sworn to and subscribed before me, this day of N. P.; J. P.; or Clerk Superior Court (Seal) My commission expires. 34 EuGENicAL Sterilization in North Carolina NOTE: Under the provision of the 1935 amendment to Section 9 of the 1933 sterilization law, the usual procedure of having the Sheriff serve a notice of hearing and a certified copy of the petition will not be necessary if consent as provided for on this form is obtained. If patient is 21 years of age and is not an inmate of one of the three State Hospitals or Caswell Training School and if the said patient has not been declared mentally unsound by a court of com- petent jurisdiction, the patient's consent must also be obtained. Form No. 6-B. — Consent for Operation of Sterilization. NORTH CAROLINA, \ „ , I Before the T " "t> ^' ' :,:" t. ^"'^ ^' > Eugenics Board of North Carolina In Re: Sterilization ^ CONSENT OF PATIENT of ■ _ ' I, the undersigned patient, do hereby petition (Name and title, as Supt. of Public Welfare or Supt. of State Institution where patient is an inmate.) to institute proceedings before the Eugenics Board of North Carolina for my sterilization; and I do hereby give my consent to the performance of such operation, said operation to be performed in accordance with the authorization of said Board. Signed: VERIFICATION NORTH CAROLINA, — - County. -— — being duly sworn, deposes and says that he (or she) has read or has heard read the foregoing petition and knows the contents thereof; that the same is true of his (or her) own knowledge except as to those matters and things therein stated upon in- formation and belief, as to those he (or she) believes it to be true. De- ponent further says that the above was signed of his (or her) own free will and accord. Signed Sworn to and subscribed before me, this day of N. P.; J. P.; or Clerk Superior Court (Seal) My commission expires NOTE: Under the provisions of the 1935 amendment to Section 9 of the 1933 sterilization law, the usual procedure of having the Sheriff serve a notice of hearing and a certified copy of the petition will not be necessary if consent as provided for on this form is obtained. If patient is 21 years of age and is not an inmate of one of the three State Hospitals or Caswell Training School and if the said patient has not been declared mentally unsound by a court of competent jurisdiction, the patient's consent must also be obtained. Form No. 7. — Supplement to Petition for Sterilization or Asexualization. NOTE: Use this form as a supplement to petition for sterilization or asexualization. Copies of this form will not be served on patient or relatives. Name of Patient — Social and economic status in community - Behavior: Give any evidence of abnormal or anti-social behavior or harmful habits: EuGENicAL Sterilization in North Carolina 35 COURT RECORD NAME AND LOCATION OF COURT | DATE | CHARGE DISPOSITION Give in full reasons for requesting sterilization or asexualization: What is the attitude of patient toward operation recommended? What is attitude of parents, husband, wife, etc.? Additional history or remarks. (The back of this sheet or other sheets may be used for additional history if necessary.) Submitted by Date 36 EuGENicAL Sterilization in North Carolina m H H m o >—< Pi >< ffi • PN H T3 fi H- 1 S. a < J z o 1— 1 H < N hH J >— 1 Pi H H m No. of Sterilizations to Jan. 1, 1935 o o 1-( CO 1— < CO o ■3" i-H CO lO CO c .2 'o C B o o .2 - M O c ■< o c ci 3 o i^ H f.' 00 CO Cfl CO o a d ■a cs fcf p.^ en ■a ;!? S 3 »— < CI cs S "5 ^ 2 o .2 G o »— 1 d o o m ^ IM I- o _2 OS o 2 « "-I CO IM y-t CO O g cs Si I- rH ^.j o S "■- s, Date of First and Subsequent Laws OS •— 1 I— 1 OS (M OS »— 1 05 CO t- ^ O rt i-H (M C5 0-. m 05 ^ ^ ^ ^ C2 OC CS cn C5 C5 i-H I— 1 rH CO rH 1— t o rq a-. o to a; 5 C C K < £ a. u re "i C .c EuGENiCAL Sterilization in North Carolina 37 m hi < Eh m ui o I— I < > o I— ( <; Pi Eh 02 No. of Sterilizations to Jan. 1, 1935 CO co_ 00 C3 CO 05 CO f-H 00 1 CO _o 'w 'S Q a; 03 c o s ■♦J GO s o c o O c! cS ■^ C C 3 O _0 i 1 .1 O « M =; c c Coo t-i O u 5 o p •3 < O .2 3 00 CD 73 C'l L-5 00 05 »— t 1— t ,— . O ^-^ CD —1 (M ^-^ 73 C» u s ^ g- 00 go: S <» >-<•-* ^ Tf a ^ r- n -S ^ a Eh o Eh N Pi H No. of Sterilizations to Jan. 1, 1935 C3 1— < in rH 1H o I-H 1 00 a o "m '5 tu a o " ^ bi . |z pa M CM o a .2 +^ -4-3 5 I— 1 o o m ge- ls > b Cl GO •— ' 1-1 1-5 U <1 o i-H I-H o o S cs h5 O Laws of 1919 Chapter 281 Laws of 1929 Chapter 34 Laws of 1933 Chapter 224 Laws of 1935 Chapter 463 CO I-H OJ ex & cS 03 JS h5 o iH CO CO a> .^ I-H tl Date of First and Subsequent Laws 1— 1 f— I T-H 1-1 ^-1 0n I-H C I-H States a a C £ s 3 a ^ c: C g a ^ c: c c C C c t c E c r s c > EuGENicAL Sterilization in North Carolina 39 . N 052 Z^ 03 C o o a cS a o o o c: O O O (J O a o a o cS (3 O a a a < . be > 3 'B "6 a o 03 in m -a -a -a -3 .-I a ^ Pi N f'' u >^ >' ci > C. JU j!! !=* ^ ^ PQ W rt W ■* E4 . •►^ o 02 t~ g P. CO ^ S 60 Q, :S JS ° S u o 5 a 5 w =" Si 5 = J" n S fM ■ ' M OJ i-H is to V4 O 1^ 0) -t-a -»-» D3 c3 CO a a J3 J3 < !-) IB u T1 rH