North Dakota passes sexual sterilization legislation, replaced in 1927

January 1, 1913. North Dakota’s Legislative Assembly passes "An Act to prevent procreation of confirmed criminals, insane, idiots, defectives, and rapists; providing for a board of medical examiners and making a provision for carrying out of same". The aim of this legislation was to legally allow for the sterilization of undesirable people living in state institutions such as hospitals or prisons. This sterilization law was enacted after being passed in the House (73 to 20) and the Senate (34 to 4) and being signed into law by Governor L. B. Hanna (Kaelber, 2011).

This legislation made it the responsibility of an examination board, consisting of the medical professionals and institution administrators, to decide whether certain people should be sterilized. If the board judged individuals to be at risk for having children who might be mentally disabled, or have criminal tendencies, or who might benefit from the surgery, then a sterilization operation could be approved (Leg. Ass. of North Dakota, ch. 56, §1, 62-66, 1913).

In order for a sterilization procedure to proceed either consent from the individual or a guardian had to be attained, or the examining board had to approve the procedure. No operations were allowed to proceed if these legal conditions were not met. If the examining board did approve a sterilization operation, then a proceeding was held so that the candidate for sterilization could have a chance, with the assistance of a state appointed representative, to review and appeal the decision of the board (Leg. Ass. of North Dakota, ch. 56, §6-9, 62-66, 1913). This legislation also required fastidious note keeping on all sterilization procedures and regular reports to the state medical authorities (Leg. Ass. of North Dakota, ch. 56, §10, 62-66, 1913).

After the passage of this legislation, sterilizations occurred at a very conservative rate. Only thirty-nine sterilizations were carried out between the passage of this legislation and January of 1930 (Kaelber, 2011).

For more info visit: here.

-Luke Kersten

  • Kaelber, L. (2011). Eugenics: Compulsory Sterilization in 50 American States. Retrieved from http://www.uvm.edu/~lkaelber/eugenics/ND/ND.html.

  • State of North Dakota. (1913). An Act to prevent procreation of confirmed criminals, insane, idiots, defectives, and rapists; providing for a board of medical examiners and making a provision for carrying out the same. Laws of the Legislative Assembly of North Dakota.

North Dakota passes sexual sterilization legislation, replaced in 1927

January 1, 1913. North Dakota’s Legislative Assembly passes "An Act to prevent procreation of confirmed criminals, insane, idiots, defectives, and rapists; providing for a board of medical examiners and making a provision for carrying out of same". The aim of this legislation was to legally allow for the sterilization of undesirable people living in state institutions such as hospitals or prisons. This sterilization law was enacted after being passed in the House (73 to 20) and the Senate (34 to 4) and being signed into law by Governor L. B. Hanna (Kaelber, 2011).

This legislation made it the responsibility of an examination board, consisting of the medical professionals and institution administrators, to decide whether certain people should be sterilized. If the board judged individuals to be at risk for having children who might be mentally disabled, or have criminal tendencies, or who might benefit from the surgery, then a sterilization operation could be approved (Leg. Ass. of North Dakota, ch. 56, §1, 62-66, 1913).

In order for a sterilization procedure to proceed either consent from the individual or a guardian had to be attained, or the examining board had to approve the procedure. No operations were allowed to proceed if these legal conditions were not met. If the examining board did approve a sterilization operation, then a proceeding was held so that the candidate for sterilization could have a chance, with the assistance of a state appointed representative, to review and appeal the decision of the board (Leg. Ass. of North Dakota, ch. 56, §6-9, 62-66, 1913). This legislation also required fastidious note keeping on all sterilization procedures and regular reports to the state medical authorities (Leg. Ass. of North Dakota, ch. 56, §10, 62-66, 1913).

After the passage of this legislation, sterilizations occurred at a very conservative rate. Only thirty-nine sterilizations were carried out between the passage of this legislation and January of 1930 (Kaelber, 2011).

For more info visit: here.

-Luke Kersten

  • Kaelber, L. (2011). Eugenics: Compulsory Sterilization in 50 American States. Retrieved from http://www.uvm.edu/~lkaelber/eugenics/ND/ND.html.

  • State of North Dakota. (1913). An Act to prevent procreation of confirmed criminals, insane, idiots, defectives, and rapists; providing for a board of medical examiners and making a provision for carrying out the same. Laws of the Legislative Assembly of North Dakota.