Law that allows tubal ligation and vasectomy begins to be valid – 03/02/2023 – Health

The law that releases tubal ligation and vasectomy, two sterilization procedures, without the need for a spouse’s endorsement, begins to take effect this Thursday (2).

Although also directed at men, the previous rule was especially criticized with regard to women’s reproductive rights.

The change was made in Law 9,263 of 1996, which regulates family planning. The norm dictated that, in marital relationships, the practice of sterilization surgeries could only be performed with the consent of the spouse.

In 2022, however, the rule underwent changes. The procedure began in 2014, with a bill by then-deputy Carmen Zanotto (Cidadania-SC). The text passed through the House and Senate and was sanctioned by then President Jair Bolsonaro (PL) in September, with the creation of Law 14,443.

The new regulation modifies that of 1996, indicating that it is no longer necessary to have the authorization of one of the spouses to perform tubal ligation or vasectomy.

Another change in the new law is the minimum age for performing a sterilization surgical procedure. In the 1996 text, it was mandatory that the person was at least 25 years old or already had two living children to undergo the surgery. In the new text, the minimum age drops to 21 years.

The section that talks about the need to have two living children was maintained in the new legislation — it is worth mentioning that this is an alternative point to the minimum age, that is, if a person has two living children at the age of 19, he is already able to go through the sterilization procedure.

A third change concerns the timing of the surgery.

In the original text, sterilization could not be done during childbirth or abortion. Now, the procedure can occur during the birth of a baby, as long as the woman indicates her interest in tubal ligation at least 60 days in advance.