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Bergen County Divorce and Mediation Practice

New Jersey's Precedential Case Addressing Delivery Room Rights

Does a woman have the right to decide who is in the delivery room as she gives birth to a child? The case of Plotnick v. DeLuccia, WL 7869380 (N.J.Super.Ch., 2013), was the groundbreaking case that set national precedent in which a New Jersey judge said "yes."

Our lawyer, Joanna D. Brick, Esq., represented the mother (Defendant), who was no longer in a relationship with the baby's father (Plaintiff). Because the mother did not want the father in the delivery room, the father filed an order seeking to be notified and present for the birth.

Joanna fought to protect the mother's privacy rights and bar the father from the delivery room. The Court agreed and ruled in favor of the mother, citing concerns for physical stress on mother and child.

"Any mother is under immense physical and psychological pain during labor. The order the father seeks would invade her sphere of privacy and force the mother to provide details of her medical condition to a person she does not desire to share that information with."

- Superior Court Judge Sohail Mohammed

Additionally, the Court referenced Roe v. Wade, which held that women have the right to control their bodies during pregnancy. The Court also referenced Planned Parenthood v. Casey, which established that married women are not required to notify their husbands before an abortion.

The ruling came down as the mother was in labor, with Joanna in the courtroom fighting to protect her client at the most crucial moment.

While the first-of-its-kind ruling may not apply to every future case, it sent a clear message regarding the protection of mothers and fathers' rights in the delivery room, and it will undoubtedly inform and influence future judges nationwide.

To learn more about attorney Joanna D. Brick's extensive experience in delivery room rights and custody rights, call our Bergen County law firm at 201-254-7530 or email us.

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This landmark case has been featured in news media throughout the United States:

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