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NJ Judge Rules that Mother Can Decide if Father Allowed to Be Present in Delivery Room

Posted by on Mar. 12, 2014 at 7:26 PM
  • 224 Replies
1 mom liked this


NJ Judge Rules that Mother Can Decide if Father Allowed to Be Present in Delivery Room

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A New Jersey Superior Court judge ruled that the father of an unborn child has no right to be informed when the mother is in labor if such a notification contradicts the mother’s wishes. The law also states that the father has no right to be present at the birth of the child in such a situation.

As noted by the Daily Kos, Superior Court Judge Soheil Mohammed’s ruling denied the “putative father” the right to be in the delivery room over the mother’s objection.

The ruling represents an extension of the right to privacy and a woman’s right to control over her body and her pregnancy.

Mohammed was presiding over a case in which the parents were unmarried and estranged.

“A finding in favor of plaintiff for both notification and forced entry into the delivery room would in fact be inconsistent with existing jurisprudence on the interests of women in the children they carry pre-birth,” Mohammed wrote yesterday in Plotnick v. DeLuccia.

According to the Star-Ledger, Mohammed, who sits in Passaic County, stated that the “father’s unwelcomed presence could cause additional stress on the mother and child.”

On Nov. 19, 2013, the father in question brought an emergency motion; DeLuccia had gone into labor, and participated in the hearing via phone call from the hospital. DeLuccia delivered the child later the same day; Mohammed denied the relief from the bench.

The judge cited the doctrine from the 1973 Roe v. Wade case, in which it was established that women have the right to control their bodies during pregnancy. He also cited Planned Parenthood v. Casey, a 1992 case that struck down the state law requiring married women to notify their husbands before having an abortion.

Also cited was the 2005 court decision that disclosure of a patient’s hospital admission to the [press] would violate the New Jersey Hospital Patient Bill of Rights, as decided in Kinsella v. NYT Television.

Judge Mohammed noted that the father’s right to be present in the delivery room against the mother’s wishes is an issue that has “never been litigated in New Jersey or the United States.”

As Brian Schwartz, chairman of the New Jersey State Bar Association’s Family Law Section, said, the decision “clears up the issue for once and for all that the woman gets to make that decision.”

Sources: http://www.dailykos.com, http://www.abajournal.com, http://www.nj.com

Photo Source: http://www.whatirealized.com

by on Mar. 12, 2014 at 7:26 PM
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Replies (1-10):
tanyainmizzou
by on Mar. 12, 2014 at 7:27 PM
3 moms liked this
Yet mom wants his money I bet.
billsfan1104
by Jules on Mar. 12, 2014 at 7:30 PM
3 moms liked this
I think it's sad.
The woman can abort the baby without his consent, have the baby with out him being there and then demand child support.
jllcali
by on Mar. 12, 2014 at 7:33 PM
50 moms liked this
Fathers have inherent parental rights. But no one has a right to be in a patient's room without the patient's consent. Period.
JanuaryBaby06
by Bronze Member on Mar. 12, 2014 at 7:33 PM
8 moms liked this

Why would this even go to court? What a waste of tax payer resources.

The woman giving birth should not have anyone in the room that makes her uncomfortable... she is the one is going to be pain and giving life. The father will have more then enough time to spend with the child once it is  here... she should be made as comfortable as possible.

IhartU
by Gold Member on Mar. 12, 2014 at 7:41 PM
4 moms liked this


Quoting tanyainmizzou: Yet mom wants his money I bet.

  Paying for the care of a baby that is BORN is not what the topic is about.

 Her body- her right to keep whomever she wants out of the delivery room. Why does a man think that just because he shot some jizz into a vagina and impregnated a woman, he has rights over her and her body? 

tanyainmizzou
by on Mar. 12, 2014 at 7:43 PM
Sure.

Mom is independent but needs a dad who doesn't want a kid to pay.

Quoting IhartU:

Quoting tanyainmizzou: Yet mom wants his money I bet.

  Paying for the care of a baby that is BORN is not what the topic is about.

 Her body- her right to keep whomever she wants out of the delivery room. Why does a man think that just because he shot some jizz into a vagina and impregnated a woman, he has rights over her and her body? 

IhartU
by Gold Member on Mar. 12, 2014 at 7:45 PM
5 moms liked this


Quoting billsfan1104: I think it's sad. The woman can abort the baby without his consent, have the baby with out him being there and then demand child support.

 Why should the man give consent? He KNEW when he ejaculated into her, the developing embryo/fetus would need to remain in HER body in order to even become a human being upon birth.  Get it? HER body. Until they can transplant an embryo from a woman to man who can then carry it in HIS own body and give birth to it, he shouldn't have any say at all.

 As for child support- he's free to sign away his parental rights if he wants to and then he doesn't HAVE to pay.

LoveMyBoyK
by Ruby Member on Mar. 12, 2014 at 7:46 PM
That is just wrong!!
Posted on CafeMom Mobile
MamaJess9
by Bronze Member on Mar. 12, 2014 at 7:48 PM
9 moms liked this
I agree. Being physically in the room when the baby is born has no bearing on his relationship with the child. Years ago married fathers did not even go in the delivery room.

Quoting JanuaryBaby06:

Why would this even go to court? What a waste of tax payer resources.

The woman giving birth should not have anyone in the room that makes her uncomfortable... she is the one is going to be pain and giving life. The father will have more then enough time to spend with the child once it is  here... she should be made as comfortable as possible.

mikiemom
by Ruby Member on Mar. 12, 2014 at 7:50 PM
4 moms liked this

 Why shouldn't he be responsible for paying for his child  - and why do you think he has the right to see mom when she is in labor if they are not together.

I don't understand any woman who would defend this father.

Quoting tanyainmizzou: Yet mom wants his money I bet.

 

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