The 1960 Regular Session of the General Assembly directed the Virginia Advisory Legislative Council to study the laws of Virginia relating to sexual sterilization. This directive was contained in Senate Joint Resolution No. 18, which was adopted by the General Assembly as the result of a recommendation made by a Commission created by the 1958 General Assembly and charged with a study of problems relating to children born out of wedlock. This recommendation for such a study was one of several made by that Commission, among which was a proposal that the Jaw relating to sexual sterilization be clarified and broadened to permit sexual sterilization on a voluntary basis with the full consent of all persons directly concerned and with adequate protection to the physicians performing such operations. This proposal was one of several dealing with the subject which was considered by the General Assembly, none of which was adopted. The Assembly did, however, direct the instant study by Senate Joint Resolution No. 18.

The Council selected John Warren Cooke, member of the House of Delegates and member of the Council, Mathews, to serve as Chairman of a Committee to make the initial study and report to it. Chosen to serve with Mr. Cooke on this Committee were the following: Dr. Hiram W. Davis, Commissioner of Mental Hygiene and Hospitals, Richmond; Lyman C. Harrell, Jr., Attorney at Law and member of the House of Delegates, Emporia; Raleigh C. Hobson, Director, Department of Public Welfare, Richmond; E. Eugene Luther, Attorney at Law, Arlington; Blake T. Newton, member of the Senate of Virginia, Hague; Mrs. Mary Alice Roberts, Roanoke; Dr. Mack I. Shanholtz, State Health Commissioner, Richmond; and Dr. H. Hudnall Ware; Jr., Richmond; John B. Boatwright, Jr. and G. M. Lapsley served as Secretary and Recording Secretary, respectively, to the Committee.

There were on the Committee persons who have had experience in the operation of our present law permitting compulsory sterilization under certain conditions and also persons familiar with problems faced by the medical profession in connection with sterilizations performed for other reasons. The Committee had the benefit of research which has been recently conducted in connection with the subject of sexual sterilization and it sought and received the advice of individuals whose experience has brought them into intimate knowledge of the problems inherent in our present statutes. It held a public hearing at which testimony was received both in advocacy of and in opposition to liberalization of the present law insofar as it relates to voluntary sterilization.

The Committee gave careful attention to the information and material before it, and the views expressed at the public hearing, and, after thorough discussion and consideration, made its report to the Council.