[jackal969k]

ROCHESTER, New York (AP) -- A couple has been ordered not to conceive any more children until the ones they already have are no longer in foster care.

A civil liberties advocate said the court ruling unsealed Friday was "blatantly unconstitutional."

Monroe County Family Court Judge Marilyn O'Connor ruled March 31 that both parents "should not have yet another child which must be cared for at public expense."

"The facts of this case and the reality of parenthood cry out for family planning education," she ruled. "This court believes the constitutional right to have children is overcome when society must bear the financial and everyday burden of care."

The judge is not forcing contraception on the couple nor is she requiring the mother to get an abortion should she become pregnant. The couple may choose to be sterilized at no cost to them, O'Connor ruled.

If the couple violates O'Connor's ruling, they could be jailed for contempt of court.

"I don't know of any precedent that would permit a judge to do this," Anna Schissel, staff attorney for the Reproductive Rights Project of the New York Civil Liberties Union, told the Democrat and Chronicle of Rochester. "And even if there were a precedent, it would be blatantly unconstitutional because it violates the United States Constitution and the New York Constitution."

Neither parent attended the proceeding or secured legal representation. The mother waived her right to a lawyer, and the father never showed up in court.

The mother was found to have neglected her four children, ages 1, 2, 4 and 5. All three children who were tested for cocaine tested positive, according to court papers. Both parents had a history of drug abuse. It was not immediately clear if the father had other children.

A case worker testified that the parents ignored an order to get mental health treatment and attend parenting classes after the 1-year-old was born.

The mother was still in the hospital after giving birth to her fourth child in March 2003 when authorities took the infant, according to court papers. Investigators said the mother was unprepared to care for the infant.

Attempts to reach the youngest child's guardian were unsuccessful. Information on the other children's guardians was not immediately available.

Attorney Chris Affronti, who chairs the family law section of the Monroe County Bar Association, said he's not sure how the ruling could be enforced.

"I think what the judge is trying to do is kind of have a wake-up call for society," he said.


IMO this is a touchy subject as far as human rights go but should we really have to support people who are in this situation? I definitely see the need to help the children in a situation like this but where do we draw the line to keep from having to support more because of the irresponsible actions of the people involved in this case.

[brushmaster1]

I agree with the court's decision.

I have a stepdaughter who has had five children... and lost them all to Social Services. At one point she was in prison (for grand theft) and was offered parole if she would consent to sterilization. She refused. She wants to have another boy (she has three sons and two daughters) and states that she will keep trying until she has a boy she can raise... yet she always either loses the kids because of neglect or gives them up voluntarily because she "doesn't want to be bothered with them".

What concerns me in her case (as in most similar cases) is not the burden to society of raising her kids, but the effect on the kids themselves.

[jackal969k]

Sorry Brush. That is sad. What is her reasoning behind what she is doing? The children are always the ones that end up suffering it seems not to mention the family relationship in general.

It is hard to judge the emotional effect that these unwanted children will go through. All we can do is hope that they will find parents who care for them and give them the love and understanding that they need to develop into good individuals.

[angelize56]

The mother was found to have neglected her four children, ages 1, 2, 4 and 5. All three children who were tested for cocaine tested positive, according to court papers. Both parents had a history of drug abuse.

I totally agree with the judge's decision! With the parent's history they shouldn't be allowed to keep on creating and damaging children's lives!