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24 U. Toronto L.J. 117 (1974)
Parenthood and the Mentally Retarded

handle is hein.journals/utlj24 and id is 121 raw text is: Rena Paul* ''HE MEN'I'AI.IY RE'ARDED It this paper we examine the problem of the expression of sexuality of the mentally retarded from the perspective of their parents. Although we con- sider the utility and legality of various methods of birth control available to the retarded, we focus on one: sterilization. Our concern is even narrower; we examine only the problems associated with voluntary sterilization. Our discussion will show there are many difficulties - legal and social - facing conscicntious parents seeking sterilization for their retarded child.' For this reason we conclude with the draft of a model statute. ..t Mental retardation and methods of birth control The development of retarded persons is permanently and (so far) irreversi- bly arrested. They are unable to learn or to mature, physically and socially, at the rate considered usual for their chronological age. Although now, with sophisticated training methods, they acquire skills never before thought possible, mentally retarded adults do not attain the degree of knowledge, understanding, and adaptive discrimination necessary for independent survival.2 This may sound pessimistic but it is one of the realities we must face in providing services to meet their needs. In'recent years, the philosophical pendulum in the care of the mentally retarded has swung from institutionalization to community-based services. The aim now is to help the mentally retarded lead lives as close to normal as possible, approximating the patterns and conditions of everyday life and the norms and life styles of other members of society. ' ternard Grecn, Professor, Faculty of Law, University of Toronto; Rena Paul. Adminis- trarmr of'Training atd Cnmmunication, Municipality of Metmpolitan Toronto. t 't hild' refcr to a biological relationship unless the context indicates the contrary. 2 The heyday of the iq score has passed, and today it is rarely the sole factor in diagnosing mental retardation; emotional control and social adaptability also influence overall compe- tency. Subject to this caveat, persons with iqs from 68-83 are considered 'borderline.'shose between 52-67 'mildly retarded,' those between .6-5t, 'moderately retarded,' those be- tween Ro.-35, 'severely retarded.' and those whose iQ was less than 2o are 'profoundly retarded.' See us Department of Health, Education, and Welfare, Office of the Secretary, Secretary's Committee on Mental Retardation. ThProblem ofMentatRetardaian (Washing- ton: U.S. Government Printing Office. 1(69. Cf the slightly different classification used in Ontario Governnent, Community Living for the Mentully Reutrrkld in Ontario: A New Policy Faaiu, The I lononrable Robert Wekh, Provincial Secretary for Social Development. Table 1.1, p U5 (1 973) (Itereinafter Community Iiingfnr the Alentally Retarded). (374), 94 INIVEPRSIV OF TORONTO LAWVJOU'iNAL 117 Bernard Green P'ARENTIHOOD) AND

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