Court Dismisses New Jersey Parents’ Lawsuit Challenging Retention of Baby Blood; Parents Will Appeal
TRENTON, N.J.—Today, a federal judge dismissed a lawsuit brought by a group of New Jersey parents challenging the constitutionality of the state’s policy of drawing blood from every newborn and holding onto it for years without parental consent. The parents—Hannah Lovaglio, and Erica and Jeremiah Jedynak—represented by the Institute for Justice (IJ) will appeal the decision.
“The government cannot keep a newborn baby’s blood—and the genetic information that blood contains—for years, to use for whatever purpose it wants, without first obtaining consent from the baby’s parents,” said IJ Attorney Christie Hebert. “The Fourth Amendment to the U.S. Constitution protects the right of people to be secure in their persons and property from unreasonable search and seizure. That protection applies to blood and genetic information, and the importance of respecting that protection is increasing as artificial intelligence continues to transform the ability to process and use biological and genetic material.”
New Jersey, like all states, draws blood from newborns to test for certain genetic diseases, hormonal deficiencies and other immunity issues. The Department of Health does not seek consent from the parents before taking the blood. But even after testing is complete, the state does not dispose of the remaining blood. Instead, it holds onto the samples for years and uses their blood for its own purposes, including sharing the sensitive information with private third parties or other government officials. All without parental consent or a warrant.
“As a mother, it disturbs me that the state took a blood sample from my son without my consent and is using it for whatever they want,” said Erica. “And now that I’m expecting another child in the next couple months, it’s unfortunate that I’ll have to go through this once again. That’s why I’m committed to continuing this lawsuit.”
In today’s decision, Judge Georgette Castner ruled that the parents, “failed to plausibly plead a Fourth Amendment violation as Plaintiffs have failed to identify any New Jersey or federal law recognizing that an individual has a possessory interest in residual dried blood spots for purposes of a seizure under the Fourth Amendment.”
“Every parent in New Jersey should be shocked to learn that, according to this ruling, they have no claim to their baby’s blood or genetic material once the state takes it. But the state doesn’t own your blood and DNA simply because it took that blood, without your consent, from your veins,” said IJ Attorney Daniel Woislaw. “We look forward to appealing this decision and proving that parents have a right to informed consent before the state can take and keep their children’s genetic information.”
