State legislatures in Oregon, South Dakota, and New Hampshire each pass eugenics laws geared towards "preventing the procreation" of people who are under the "care" of state institutions and are considered to be mentally or morally "inferior."

The Oregon law lists people who are "feeble minded, insane, epileptic, habitual criminals, moral degenerates and sexual perverts, who may be inmates of institutions maintained by public expense" as being potential candidates for sterilization.

Oregon and South Dakota set up state eugenics boards to determine who is eligible for sterilization. Whereas, the New Hampshire statute leaves the decision up to the individual's physician, in consultation with at least two other physicians. If the physicians believe that the patient might have children who would be diagnosed as "mentally disabled," then a sterilization procedure can be approved, after consent is received from either the patient or a guardian.