Abstract
This thesis explores whether intellectual disabilities can influence the individual decisions on reproduction treatments, such as contraception, sterilization, and abortion, and discusses whether people who are intellectually disabled can fully understand the nature of such treatments and effectively conclude their decisions. In regards of patient autonomy, medical practitioners have adopted the Procedures of Informed Consent, requiring proposed treatments to be acknowledged by involved patients who are fully aware of the nature and consequences of the treatments. However, family members often decide on whether to implement the medical measures on behalf of the intellectual disabled due to their incapability, which creates disputes and issues as such surrogate decision-making mechanism does not strictly match the aforementioned procedures. Considering the essence of non-reproductive treatments and the significant consequences that the involved intellectual disabled might sustain, this study will focus on intellectual disabled’s non-reproductive decisions and explore further to learn whether it is against their will to adopt such reproduction treatments. This study proceeds by reviewing relevant laws and regulations on reproductive autonomy and the best interests of patients, further comparing circumstances of the intellectual disabled to that of the minor, and put special factors into consideration, such as challenges an intellectual disabled may face when in similar conditions. This study also examines the relation between surrogate decisions under current Taiwanese laws and the non-reproductive decisions within national boundaries. Based on the finding, the study suggests that clear standards on contraception, sterilization, and abortion adopted by the intellectual disabled ought to be established in order to ensure their best interests and reproductive autonomy. In addition, such standards can also erase the concern of medical professionals on ethical controversies and ease the rising tension within doctor-patient relation.