Re: NJ Judge Has Ruled That Mom Can Keep Dad Out O... - Page 12

biancardi · ‎03-10-2010

On 3/12/2014 JaneMarple said:
On 3/12/2014 upsidedown said:
when I heard the ruling explained on TV today, they said the mother can keep the father out of the delivery room only if they are not married to each other.....if the husband is the father, the mom cant keep him out even if they are estranged.

I just re-red the ruling and I see no exceptions for married women in it. In my understanding it was meant for all women before and during labor.

as it should be. Any issues that the parents have shouldn't be brought into the delivery room. Obviously if it is a married woman, she may have her own reasons why she doesn't want her husband there. Perhaps he will just stress her out.

I understand "father's rights", but the delivery room is not about HIM.

If you can't fix what's broken, you'll go insane ~ Max
Look, I don’t like the taste of broccoli, but it doesn’t get tastier if you call it “Broccoli!”!
You mustn't be afraid to dream a little bigger, darling. ~ Eames

Lion · ‎03-09-2010

On 3/12/2014 biancardi said:
On 3/12/2014 guatmum said:
I can't imagine how even people who believe the mother's body is not her own when she is pregnant could feel that she also doesn't have a right to basic privacy during childbirth. Let her give birth and then bring the child right out to dad, if he's so interested. If he is in the delivery room and they are allowing the mother physical privacy, he's at her head and not actually seeing the child born anyway. If some would like to see the mother forced to allow someone else to <em>watch</em> the baby be born, I think they are taking the mother's <em>right</em> to privacy away. It may seem "unfair" to those who believe the father has equal rights to the whole experience but, until HE can give birth, he simply isn't equally sacrificing and, therefore, not entitled to equal access to the experience. IMO, it has nothing to do with him wanting to be "involved." It sounds more like he wants to get back at the mom and is curious to watch what he might consider a circus - he's right fighting. TRUE involvement in the baby's life for a father doesn't begin until the baby is born, anyway.

excellent post and I agree.

I agree. Excellent post.

**********
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Love my grandkids · ‎11-24-2013

MrsLorraine:

No, they aren't married, just in answer to your question.

adelle38 · ‎03-09-2010

Everyone has a right to privacy during any medical procedure. Why should this be any different?

It's always a victory for me when I remember why I entered a room.

bluejeansluvr · ‎03-09-2010

I agree with the ruling. She is a patient and her wishes about privacy have to be respected. It doesn't matter if she is giving birth, she has the right to say who can be in there with her.

Lila Belle · ‎01-24-2013

On 3/12/2014 JaneMarple said:
On 3/12/2014 upsidedown said:
when I heard the ruling explained on TV today, they said the mother can keep the father out of the delivery room only if they are not married to each other.....if the husband is the father, the mom cant keep him out even if they are estranged.

I just re-red the ruling and I see no exceptions for married women in it. In my understanding it was meant for all women before and during labor.

"Any interest a father has before the child's birth is subordinate to the mother's interests," Mohammed wrote. According to the Star-Ledger, Mohammed arrived at this conclusion by relying on two landmark Supreme Court cases on abortion rights: Roe v. Wade and Planned Parenthood v. Casey.

In those rulings, the judge reasoned, the Supreme Court established that a pregnant woman enjoys robust privacy rights and has a stronger right over her unborn child than the father. In Casey, for example, the majority ruled that women are not required to tell their spouses about abortions.

"In light of the court rulings," Mohammed wrote, "it strains logic to ask a pregnant woman to notify the father when she goes into labor," the Star-Ledger reports.

At bottom, Mohammed cited a patient's right to privacy and a pregnant woman's right to control her body. He ruled an unwanted presence at the woman's bedside could pose "unwarranted strain" on the mother and harm the fetus.

One major case in New Jersey seems to follow in step with that general line of reasoning. In 2000, the New Jersey Supreme Court struck down a law requiring minors to notify their parents before obtaining abortions, ruling that the law violated those minors' privacy rights.

Birth of a New Legal Issue?

This delivery room court battle appears to be the first of its kind in the nation. Disputes between two unwed parents over who can be present at the child's birth "have never been litigated in New Jersey or the United States," Mohammed wrote.

The New Jersey ruling applies only to biological fathers not married to the mother. But that's still a big deal. According to NPR, more than 40 percent of births in the U.S. occur outside of marriage.

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