New Jersey Ruling Bans Dads From Delivery Room — Should This Be Allowed?

Thu, March 13, 2014 11:12am EST by 12 Comments
New Jersey Bans Dads

A Superior Court Judge has ruled that fathers may be banned from their child’s delivery room if the mother objects to his presence. The case was presented by an estranged couple that were expecting together, but not married. Do you agree with the judge’s decision?

Should a baby’s dad be allowed in the delivery room? New Jersey Superior Court Judge Sohail Mohammed thinks it should be up to the mom, and has ruled to ban dads from their child’s delivery room.

N.J. Court Bans Dad From Delivery Room

Women in New Jersey can now ban a father from being present in the delivery room while they are giving birth. This is the first ruling of it’s kind in the nation.

Superior Court Judge Sohail Mohammed ruled during a Feb. 2013 case that expecting mother’s have the right to privacy, and can ban the father of their child from the delivery room. This means in the future, fathers can be prevented from experiencing the miracle of their child’s birth.

“Any interest a father has before the child’s birth is subordinate to the mother’s interests,” Mohammed wrote in the case file. “Even when there is no doubt that a father has shown deep and proper concern and interest in the growth and development of the fetus, the mother is the one who must carry it to term.”

Judge Cited Abortion Notification Law

Hoping to further make his point that it is up to the pregnant woman to decide who gets to be in the delivery room with her, Mohammed cited two previous cases that went against the state law that father’s should be notified if a woman decides to terminate her pregnancy by abortion.

One case referenced, 1973’s Roe vs. Wade, was the landmark case for a woman’s right to have an abortion under the 14th amendment. The case’s 7-2 ruling also declared that that right must be balanced against the state’s two legitimate interests in regulating abortions: protecting prenatal life and protecting women’s health.

Chairman of the New Jersey State Bar Association Brian Schwartz declared that the ruling “clears up the issue for once and for all that the woman gets to make that decision.”

Tell us, HollyMoms — What do you think about this new ruling in New Jersey? Should dads be allowed, or should it be up to the mom? Let us know your thoughts below!

– Lauren Cox

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Star Cosmos Mystic Worlds

Posted at 9:54 AM on March 15, 2014  

i am from a completely different country but I think that you should have someone at that significant precious moment in your life,it doesn’t matter who,particularly if you delivering for the first time in your life.I never understood the purpose of such laws,there is always something else hidden behind it.

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Posted at 9:28 AM on March 15, 2014  

Reblogged this on Beacon of Aquarius and commented:
what do you think?

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Posted at 10:59 AM on March 14, 2014  

@Jaz the father is usually the labor coach unless he’s either squeamish around blood or has to work shortly after the mother goes into labor or delivers. what New Jersey did in this case is legislate from the bench and the ban will probably be found unconstituational

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Posted at 3:34 PM on April 9, 2014  

NO its not unconstitutional. Its called HIPPA.

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Posted at 3:34 PM on April 9, 2014  


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Posted at 12:29 AM on March 14, 2014  

The mother has the right to ban anyone from the delivery room, no matter who it is. And I totally support this. Labor and delivery is very intense, and the mom should not feel uncomfortable during a moment like that.

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RealMomofNJ (@realmomofnj)

Posted at 2:04 PM on March 13, 2014  

What misleading BS. Dads aren’t banned from the delivery room. Moms just have the option to ban them (which they should have). That’s not the same thing at all.

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Mister Baja

Posted at 12:07 PM on March 13, 2014  

absolutely, these ever hrnydads must wait!!

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Posted at 11:17 AM on March 13, 2014  

Well of course, this is just common sense. I didn’t have my partner there either, just my mother.

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Posted at 11:39 AM on March 13, 2014  

Incredible. In New Jersey, father’s are expected to pay more than their share of child support, are rouintely denied their rights in family court and/or a voice in custody hearings – and now this. This will only encourage more and more fathers to become eiter more detached from their own children or turn them )along with their children) into nervous wrecks. It’s naturally understandable that mothers need to have their rights protected, but increasingly, as DYFS reports are noting, claims of abuse are increasingly being practiced by the mother of children, while fathers are increasingly denied any abilty to intervene or act for the betterment of their children. And now, they’re being denied the ability to see their children come into the world.Yet another reason to move out of New Jersey.

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Posted at 11:32 PM on March 13, 2014  

They are not denied being in the room by the hospital. It is the mother’s right, if she has reason to uncomfortable with the father being in the room, to deny them access. It is a very personal and private experience, and it is important that these women’s wishes are acknowledged.

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Posted at 12:35 AM on March 14, 2014  

Um… the mother can ban anyone she wants, no matter what state it is.

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