TRENTON, N.J.— When a baby is born in New Jersey, blood samples taken by the hospital are transferred to the state where they remain in a database for more than two decades. In many cases those samples have been used against individuals in criminal cases.
Now, a group of moms are suing the state, saying the ‘creepy database’ is a violation of their constitutional rights.
A lawsuit was filed today in federal court by a group of New Jersey parents and the Institute for Justice against New Jersey’s practice of retaining newborns’ blood samples for 23 years without parental knowledge or consent. New Jersey law mandates blood tests on newborns for diseases but subsequently keeps the samples, allowing use in any manner, including sales to third parties or use by law enforcement.
“It’s a very creepy practice,” one mother said last week in an interview with Fox News. “My son’s blood has his genetic information. It is unique to him and I actually consider that bodily property.”
Those samples have been used by police without authorization according to reports.
The plaintiffs, Erica and Jeremiah Jedynak from Boonton, and Rev. Hannah Lovaglio, a Cranbury mother, contend this practice violates the Fourth Amendment. They argue the lack of consent and transparency raises concerns about the state’s intentions and potential misuse of genetic information.
New Jersey’s policy contrasts with varying state practices regarding newborn blood samples, with some states destroying, returning, or keeping them with parental consent.
The lawsuit highlights previous legal challenges in Texas, Minnesota, and Michigan against similar practices. These cases led to the destruction of millions of blood samples and changes in policies, including the mandatory destruction of samples in Texas after two years.
The Institute for Justice, representing the plaintiffs, emphasizes the misleading nature of the state’s actions and the potential for future abuse. This lawsuit forms part of IJ’s broader efforts to protect Fourth Amendment rights, including recent cases in Iowa, Virginia, and Michigan against warrantless searches and seizures.