The Supreme Court’s term included two notable cases in the area of family law, though neither case stemmed from a matrimonial matter. One case, New Jersey Dep’t of Children & Families v. A.L., 213 N.J. 1 (N.J. 2013), required the court to interpret statutory language and address whether it was appropriate to determine if a substantial risk of harm exists when a mother tests positive for cocaine immediately after giving birth, but there is no immediate harm to the newborn. The other case, In re T.J.S., 212 N.J. 334 (N.J. 2012), handled the overlap between family law and constitutional law by addressing whether the New Jersey Parentage Act, which does not recognize an infertile wife as a legal mother of her husband’s biological child born to a gestational carrier, violates the right to equal protection.
Statute Does not Cover Unborn Children
In NJDCF v. A.L., the court reversed the judgment of the Appellate Division, which affirmed the trial court’s decision. The court addressed whether a court can find abuse or neglect of a child under N.J.S.A. 9:1-1, et al. (Title Nine), if an expectant mother uses drugs during pregnancy but there is no evidence of actual harm when the baby is born. The court held that indication of the new mother using drugs during pregnancy did not prove imminent danger or a substantial risk of harm to the newborn. Further, the court held that a mother’s positive drug test was not enough to establish abuse or neglect under Title Nine.
