Literature Review on Provision of Appropriate and Accessible ...

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become inadequate or a legally authorised intervention would
bring substantial benefits to the incapable person.
2.7.3 Legal <strong>Literature</strong> capacity in <strong>Review</strong> the United on Provision Statesof Appropriate and Accessible
Support to People with an Intellectual Disability who are
In the United Experiencing States the determination Crisis Pregnancyof capacity to make decisions
regarding reproductive issues has been recommended to require at a
minimum the ability to:
• understand the therapy or procedure in question (contraceptive
method or sterilisation)
• deliberate about the risks and benefits of each (including the risk
of pregnancy)
• consider alternatives
• make a decision on the basis of these considerations.
(Beauchamp & Childress, 2001)
The American Academy of Pediatrics’ Committee on Bioethics discusses
the steps that should be taken when considering sterilisation in
particular and in relation to contraceptive methods more generally:
• The first step in decisions about contraception generally involves
assessing the individual’s capacity to decide matters specifically
concerning reproduction.
• Such assessments should be made with the help of professionals
skilled and experienced in evaluating the capabilities of persons
with disabilities.
• Health professionals should involve their patients who have
an intellectual disability in decisions about reproduction and
should advocate for the least permanent and intrusive method of
contraception with the lowest risk for the patient.
• The assessment should focus on the individual’s ability to
understand appropriately presented information about the
possibility of reproducing, the consequences of procreation,
and the benefits and risks of, and alternatives to, pregnancy and
childbirth (American Academy of Pediatrics, 1999).