Newborn Baby

Landmark Court Ruling Allows Pregnant Women To Decide If Father Can Be Present During Delivery (VIDEO)

Published On March 13, 2014 | By james |

A unique New Jersey case is making news, and promises to have Republican lawmakers rushing to draft legislation to strip even more rights away from women.

Rebecca DeLuccia and Steven Plotnick became engaged after they conceived a baby in 2013. The engagement was cancelled, and shortly thereafter Plotnick – who had by this time been estranged from his ex-fiancé – sued DeLuccia to be informed when she went into labor, and to be in the delivery room when the baby was delivered.

On the day of the baby girl’s delivery, New Jersey Superior Court Judge Sohail Mohammed ruled in favor of the mother’s privacy, in part because of a pair of landmark U.S. Supreme Court decisions on abortion — 1973’s Roe v. Wade and Planned Parenthood v. Casey from 1992.

Said the judge;

“Any interest a father has before the child’s birth is subordinate to the mother’s interests since it’s the mother carrying the baby to term.”

The ruling effectively establishes that a father has no legal right to be present during delivery. Predictably, reaction from certain quarters was critical of the decision. Jeff Golden, a spokesman for the group “Fathers’ and Children’s Equality,” told KYW-TV News;

“It’s a sad day for fathers, and for fathers’ and men’s rights.”

Weigh in, and give us your thoughts below!

Watch via One Page News;

Photo via Wall Street Journal

  • mrmiller

    How is this different to granting parental rights to rapists?

    • Anne

      Frankly, having given birth four times, I never wanted any more people in the labor/delivery room then absolutely necessary. Why add to the noise,. confusion, and stress that a woman goes through by having a man, who is now a stranger to her, be there to witness what she must go through in order to bring this baby into the world.

  • Gloria Cervantes

    It took literally thousands of years to get fathers into delivery rooms due to men’s own insecurities. Now they are crying to get in. The judge here is right and I would not be surprised if there were something in the medical code of ethics that would prevent them from ignoring the patients request to honor a non-patient anyway! Would live to see a follow up story in 18 years to find out how much this joker ends up owing in child support arrears!

    • jimshannon

      You’re right. Both HiPAA which guarantees privacy and patients right to privacy in a medical procedure mean that all patients must consent to having an observer. It would be unethical and actionable to do it any other way. Women are not the property of men in the USA.

  • stacey2085

    Tough! Even if they’re married, living together, and plan on raising the child as an intact family the woman has the final say.

  • madame48

    He can come in right after he pushes a bowling ball out HIS genitals..you know, so he ” understands”. If he wants to really share in the birth…otherwise, get lost

    • http://nobleexperiments.blogspot.com/ NobleExperiments

      I had a massively pregnant friend whose husband said during a birthing class, “Honey, I’m so glad we’re sharing this experience.” She said, “Great. So stand next to the delivery table, I’m going to wrap my hands around your balls, and every time I have a contraction, *you’re* going to have a contraction. And then we’ll be truly sharing this experience.” The other moms-to-be applauded.

  • Lia

    Soooo…she should have just said “Surprise! You’re not the father!” and then sort it all out with the inevitable paternity test later…. Easier than going to court *twice*.

    • Denied Father

      Typical, Just lie to get what you want.

      • Lia

        Typical. Try to force your way in where you’re not wanted.

        • Denied Father

          My opinion is just as important as yours. Sorry you’re threatened at me calling out liars. I don’t believe in lying as a way to get your way. Especially lie to the father about paternity. You could say you were just joking but who believes a liar?

          • Lia

            The mother and father weren’t together anymore. She obviously said that she didn’t want him there or he wouldn’t have gone to court to force the issue. For such a highly personal event, I’ll do whatever is necessary to protect my privacy. The father had no right to force it. If, as a married woman, I don’t want the father in the delivery room, the father isn’t going to be in the delivery room…or the labor room, either, for that matter. It’s *my* choice. Period. If I want just a female friend with me…it’s my choice. If I want my entire family with me…and friends…and I’ve chosen to get a birthing suite…it’s *my* choice. When men start internally gestating babies to term, it can be their choice.

            In the labor and delivery room, a man’s opinion has only as much validity as we choose to give it.

  • Denied Father

    Fathers have no rights. A woman can abort a child without having to tell he father but the moment it’s born the father is respon

    • jeff725

      3 suggestions:

      1: Quit turning this into an abortion argument.

      2: Quit playing the victim.

      3: (this is for ALL of us men) QUIT BEING AN A-HOLE TO YOUR WOMAN.

      Otherwise, as the song says, “Don’t hand me no lines and keep your hands to yourself.”

    • Rdzkz

      So your point is that you can behave in any way and not have consequences, even for a possible child of yours. If that is important to you, then make sure you do everything well as a potential father. Control what you have to control instead of looking over the fence.

  • Denied Father

    A mother can abort a child and not tell the father. Even if they’re married. But after birth the father is responsible for 18 years which is as it should be. If woman doesn’t want people in the delivery room, that’s fine. But fathers should have pre-natal rights to protect his baby from abortionists.

    • Kiska Jolene Lucas

      So.. you get the right to tell a woman what to do with her body? What if she wants the right to have you go under the knife for a vasectomy.. basically the same thing.

      There are no pre-natal rights. A fetus is a fetus until they are born and take a breath.. then it’s a baby.

      • Denied Father

        I don’t want women the go under the knife. When life begins is a matter of opinion. I’m saying fathers have no rights.

        • zellersgs

          I would agree that there are vindictive woman out there, but there are also a great many men who walk away and start a new life acting as if their previous partner and children don’t exist.

    • jimshannon

      It is the basic human right of everyone to make their own medical decisions. She can’t make you not have surgery, and you can’t make her carry a child.

    • zellersgs

      Can she force you to have a vasectomy because she doesn’t want to take birth control? Can she force you to have a penile implant because she would like a ‘little more girth’?

      Statistics show that millions of children are abandoned by one parent, without any financial or emotional support. The woman knows the person she is separating from better than we.

    • susan_oconnell

      Somebody, quick, call a waaaambulance! A white American male isn’t getting his way!

      • denied father

        Really? Don’t be a hater. I’m sorry you feel so threatened by white American males.

        • susan_oconnell

          Maybe if all of you would stop threatening us, we wouldn’t feel this way.

  • sarah lee

    I think this is crap. We should be grown up enough to work together and so petty fighting. I think father’s need to have their rights protected. If a woman wants to keep the baby and the father doesn’t have him sign off full responsibility. If the mother doesn’t want the baby but the father does she need to see the pregnancy out and then sign off on all responsibility. Just because the cold is carried in our womb doesn’t squat. That fetus wouldn’t be there with out the father contributing. What if this was the mans miracle child and a bitter or selfish women took that opportunity to experience fatherhood away from him. I have a hard time seeing that in a couple months the couple would be “strangers” She was just bitter and being vindictive. It is apparent He wanted to be in the child’s life every step of the way if he took her to court. These bra burning females that state he can have rights once he carries one is ignorant. who are you to use that against a man for something he is physically incaple of.

    • zellersgs

      A woman can become pregnant with a contribution from any male, but without the female body, men can never become fathers.

      We don’t know why they ended their relationship – so to characterize her as ‘bitter and vindictive’ is a snap judgement without any supporting evidence. We don’t know whom left whom and for what reason.

      As to ‘she should have to see the pregnancy out’ – the statistics as to dead beat parents is staggering, so she takes a chance that he will not change his mind, which may be a decision made out of spite and then he decides once th baby arrives, after he has moved on to a new relationship that he doesn’t want it? So now the woman is forced into a life situation she may have not wanted or been able to manage.

      • sarah lee

        Your comment about the baby can’t be made with it her body is my point about us working together. It’s not just him and is not just her. Is a team effort. No for it to be a legal matter the father doesn’t get to just walk off he would be souly responsible and the mother would not be held responsible at. Why should one person be held responsible when they don’t want the child but the other does.. By the way I am against abortion. You are correct we don’t know why they split but one thing we know this is a man that cares enough about his child to fight for them.

        • zellersgs

          We don’t know what his real motivation or state of mind is. People have been known to take children away from exes for purely vindictive reasons. He may be pure in intent, but casting the woman as some villain without knowing all the facts is just as unfair as drawing conclusions on him.

          Conception is a ‘team effort’, everything else following is only hers. He cannot provide nutrition, safety, nor security to the fetus, that is all on her. She takes on the risks of childbirth, not he. He can go on and create a multitude of children all while she is carrying the one. Regardless of what the child support may be, she would still be responsible again, for the safety, security and care of the child alone if he decided to remove himself in every way but financially. Best case would be that they could share custody and the burden.

          I agree with the conflicting issue of the woman electing to carry to term when the father has no interest and then asking for child support. Once the child enters the world, then it becomes about the best interest of the child – for the lifetime it exists – versus the parental issues.

          If man has no interest, there should be some legal manner to dissolve his legal claim and responsibility while still maintaining accurate birth records. But, within that, if he attempts to reconnect with the child, even after age of majority, the document should be reversed, and all reasonable back and current child support should be paid. He can’t have his cake and eat it, too.

        • Echo Moon

          you, i nor anyone else knows what his motivation was. he simply could have been being a controlling ass? who knows?? maybe that’s why they broke up because he was controlling and a bully?
          he might have ‘helped’ make that fetus but he didn’t have any part in carrying it, nurturing it, feeding it, protecting it with his personal physical body nor he lay that and go the the pain of pushing it out of the body that carried it.
          i for one would NOT WANT a man that i no longer had a loving relationship with, an intimate relationship with present during my labor and the birth of my baby. hell if that’s the case why not just have anyone who wanted to just watch be present? why not have it in a stadium so that everyone can see???
          and yes after a few month he is a new stranger…….

    • ludicrous_speed

      The man makes the same contribution to the fetus as he does jerking off into a hand towel. That’s not enough to get you control of another person’s body, sorry.

    • Ember1

      And that means squat as to whether or not he should be in the delivery room. Lots of stuff for after. But none of that entitles him to take up space in an intensely emotionally and psychologically vulnerable event for her.

    • susan_oconnell

      If the “father” is so desperate to witness the birth of a child, let him carry the baby to term and deliver it himself.

  • julia

    Giving birth is the most arduous thing anyone could ever do. As such, the woman needs to be in control of her surroundings and not add any additional stress to the equation. During labor and birth it is not yet about the baby, it is entirely about the woman giving birth. She should totally have the only say in where she gives birth, what music (if any) is playing and who is there. period. happy birthing!

    • dlws8607

      “Giving birth is the most arduous thing anyone could ever do.”

      I’m playing a tiny violin for your whiny pity party. If you elect to get pregnant and carry a baby to term, that is your problem. If you really believe that delivering a baby is the most arduous thing a person can do, you have a very limited frame of reference.

    • Rob Mark

      getting kicked in the balls is worse. Most women a year after giving birth think “hey it wasnt so bad, i think i will do it again” No man has ever wanted to get kicked in the balls again ;)

  • Rdzkz

    She is doing the work and she decides how she wants to do it. Period. She does not go to his place and tell him what to do.

  • Heidi Anne Henderson

    Men’s rights? Men have always had all the “rights.” It’s time this country stop backpedaling on women’s rights and start moving forward. Kudos to New Jersey Superior Court Judge Sohail Mohammed !

    • Rob Mark

      This was the right decision on a stupid case but there are some men’s rights issues. A woman already gets the only say in whether she keeps a baby and that is fair because 1 person has to have the final say and it’s her body. BUT if the man wants an abortion and the woman wants to keep it is it fair to make him pay support for a child he never wanted? If a woman is going to over rule a man and keep the baby than I think its fair that she agrees to pay for it herself. That is fair. Right now the woman gets her cake and eats it while the man just pays for it.

      • haeleyd

        I think that can happen already if he signs away parental rights? Could be wrong. I will have to look into it.

  • ludicrous_speed

    I feel pretty safe in saying that most women would want the father present at birth, but if they don’t, that’s fine too. If I were in the middle of pushing a tiny new human out of my body, I might want everyone who didn’t absolutely have to be there to GTFO and leave me alone too.

  • Skulander1

    GREAT decision!!! Can you imagine having your ex, from whom you are estranged and may not have spoken to for weeks, by your side in such an intense, emotional part of your life?

    This dude is after control. Just like antichoice lawmakers are seeking more and more control of women’s bodies. I’m glad this judge showed some common sense.

  • Sarah TehGreatest

    She’s not denying him access to the baby. This is a landmark decision and a very great one at that. Birth is stressful enough and if an abusive man demands to be in the delivery room, he is endangering his child by stressing the mother. Besides, being in the delivery room for men is only a recent thing anyway.

  • Xn Tyler

    patients rights come first. it is up to the patient , and egregious to induce more stress into an already critical situation. visitation does not include the vagina

  • RSPKL

    Well, I hope they are at least civil to each other for the baby’s sake. That is why you need to use birth control or not have sex before you are married. Already this baby has two immature parents.

  • Jackson Youman

    I find it interesting that when I read comments as a “guest” I am able to vote up on a comment, but I am unable to vote down on a comment. What’s up with this?

  • melloe

    Times sure enough have changed, when my three boys were born, “They” did not want the Dad anywhere around..two States and one in Germany, of course that was 50 years ago. In the room heck, they did not want ya in the building. To see my Son, she had to bring him to the window… no touchie, and that was several days later.

    As for this case, agree it was a good outcome from all that was posted, but can see it getting complicated if he wants parental rights… and if he is going to pay… or have to pay. I have a lady friend in a similar situation ( over 20 years ago ), and he wanted parental rights, but when the courts got on him about $$$, he skipped the State.

  • dlws8607

    Wow, there are some immature, angry, childish misandrist sows and men who suck up to that type posting here. If you advocate violence against men as some do here, believe men have no right to state an opinion as some do here, hold men 100% responsible for pregnancies as some do here, you have serious problems and either belong in jail or in a mental institution. No female in the U.S. is forced to carry a baby to term and deliver the baby, so quit whining about how difficult it is. You made a choice so act like an adult.

    It is posts like the ones on this thread that make intelligent people, and especially moderates, critical of liberals. Too often the public face of liberals is dominated by angry, whiny females who hate men. If you have not been paying attention for the last fifty years, females have gained all of the rights men have and many special privileges, but do not have the same responsibilities as men. If you don’t believe this, look at what has happened at the federal level. Your whining looks pathetic and makes you look stupid.