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

Thu, March 13, 2014 11:12am EDT by Lauren Cox 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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