Sterilization supervisor
A sterilization supervisor is a supervisor who is appointed by the supervisory court exclusively to decide on the sterilization of the person concerned. If another supervisor has already been appointed, a separate supervisor must always be available to decide on the sterilization of the person concerned. § 1899 Abs. 2 BGB can be ordered .
Neutral point of view
That the previous supervisor made the decision about sterilization, e.g. B. may not be transferred within the scope of an expansion of the supervisory tasks, the reason is that the special sterilization supervisor can take a more neutral external perspective. In most cases, volunteer carers have already been appointed for those who are cared for , often family members, and especially in the case of mentally handicapped people often their parents (or one of the parents), so that the care appears as an extension of parental care beyond the age of majority .
The supervisory authority or a supervisory association may act as a sterilization supervisor in accordance with § 1900 Paragraph 5 BGB expressly not be ordered. However, the prohibition does not apply to the personally appointed club supervisor or official supervisor ( Section 1897 (2) BGB).
Requirements for sterilization consent
When making a decision, the sterilization supervisor has to observe the particularly strict standards of § 1905 BGB. Sterilization represents a particularly serious personality intervention because it is closely connected to the entire future of the person concerned and irrevocably determines his life in a very important point.
A carer who is capable of giving consent (in the sense of criminal law , cf. § 228 StGB) can only consent to his / her sterilization himself; the lack of consent cannot be replaced. In order for a supervisor to make a decision, there must always be an inability to consent in addition to other requirements.
The consent also requires that the inability to consent must be given in the long term. The sterilization must not take place against the natural will of the person being cared for. It is subordinate to all other methods of contraception .
It must also be assumed that there would be a pregnancy (of the person being cared for or the partner of the person being cared for) and that this pregnancy or the consequences would lead to a serious physical or mental risk to the person being cared for.
This also includes measures in the context of a withdrawal of custody according to § 1666 BGB ( child welfare endangerment ) after the birth of the child.
Legal proceedings
The consent of the supervisor to the sterilization must be approved in a separate supervision procedure by the guardianship court ( § 297 FamFG ). In addition to personal hearings, this requires the appointment of a guardian ad litem and several expert opinions . In 2004, 187 permit applications were submitted in the Federal Republic of Germany in accordance with Section 1905 (2) BGB, 154 of which were approved (source: Federal Ministry of Justice, special survey procedure under the Care Act ).
compensation
If the sterilization supervisor is appointed as a professional supervisor, he has according to § 6 sentence 1 VBVG a remuneration claim for proven concrete time expenditure (for academic training according to § 3 VBVG hourly rate of 33.50 euros plus sales tax and reimbursement of expenses ). The regulations on the lump-sum supervisor remuneration for professional supervisors (§§ 4.5 VBVG) do not apply to the sterilization supervisor.
