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« Man Ordered Not to Procreate as Condition of Probation | Felony Non-support | Main | Changes in Michigan Child Support Formula & New USO Forms »


Calvin A. Luker

Wirsing was my case. The Michigan Supreme Court granted leave to appeal the COA decision you discuss above. In In Re Wirsing, 441 Mich 886, 495 NW2d 388 (1992), in what I still believe was a legally vacuous decision,the MSC reversed the COA and ruled that the Michigan Mental Health Code did in fact give probate courts the jurisdiction to order the involuntary sterilization of adults with disabilities, even when, as here, the evidence clearly demonstrated that the adult was neither ovulating nor sexually active.

So chalk this one up as "the rest of the story." In Michigan, probate courts now have the authority to authorize the involuntary sterilization of adults. Do not, however, go looking for any Michigan statutory or case law authority describing the general factors to be considered in making such a decision. There is none.

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