Sterilization of any person presumed incapable of giving informed consent thereto may be performed only if the Court of Chancery in the county in which the person to be sterilized resides or in which the institution in which the person resides is located:

(1) Issues a declaratory judgment that the person has given informed consent; or

(2) Orders involuntary sterilization in compliance with this chapter.

65 Del. Laws, c. 148, § ?1; 70 Del. Laws, c. 186, § ?1;