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Mom Refuses C-Section, Baby Taken Away

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Wow, we just can't believe this.

newborn baby in hospital

A woman in New Jersey refused to consent to a C-section during labor in the event that her baby was in distress. She ended up giving birth vaginally without incident. The baby was in good medical condition.

However, her baby was taken away from her and her parental rights were terminated because she "abused and neglected her child" by refusing the C-section and behaving "erratically" while in labor.

How is this legal?

A New Jersey appellate court has upheld the shocking ruling, and custody has been given to the child's foster parents.

The court's decision cites hospital records that describe the mother, V.M., as "combative," "uncooperative," "erratic," "noncompliant," "irrational" and "inappropriate." That's how we acted during labor, too ... but our babies weren't taken away, thank God.

The court opinion also focuses on the fact that the mother had been in psychiatric care for twelve years prior to the birth. But, as the Huffington Post points out, her psychiatric state would never have been questioned if the mother had not refused invasive abdominal surgery -- which was entirely within her rights.

Read the entire court ruling here.

Do you think this woman's baby should have been taken away? Comment below.


next: Cat Cora Welcomes a Baby Boy
189 comments so far | Post a comment now
Natalie July 24, 2009, 6:34 AM

Oh Hell no!!! I don’t care what type of medical issues she has, there was no reason for her baby to be taken away!!! That’s insane. If there was nothing wrong with the baby, why was it taken?!? It doesn’t make any sense. It seems to me like the hospital got a hold of her records and decided to take matters into their own hands to get the baby away from her. I hope she fights this tooth and nail!

Anonymous July 24, 2009, 8:45 AM

There has to be more to this story than everyone knows. This just doesn’t make any sense….

Heather July 24, 2009, 9:50 AM

There is a lot more to the story than just the C/S. I read the further details several days ago, so I am not sure why those facts weren’t captured here.

Obviously, there was a lot more going on than just the C/S.

Kristen July 24, 2009, 10:42 AM

I went and read the FULL report of this case and I truly believe that there was NO reason for her baby to be taken away. I also think that the hospital should be sued for the way they treated this mother. In the court ruling it even states that the things she was refusing were perfectly within HER LEGAL right to do……it is NOT necessary to have a fetal monitor on, it’s also NOT necessary to have an epidural, which from the sounds of it they forced on her. The hospital then said she was acting erractic, well of course, they were pushing her to do unnecessary things and DURING her labor they were having psychiatrists come in and evaluate her, I can’t think of a single person that that WOULDN’T make them feel paranoid. I think this case needs to go to a higher level(like the supreme court) and I think that the child protective agency AND the judges should all lose there jobs.

Gigohead  July 24, 2009, 10:43 AM

I don’t think the c-section was the primary reason. I think the fact that this woman is mentally unstable has everything to do with it. I have my nephew as my foster son because his mother, a schizophrenic, can not take care of him. She has been hospitalized many times. She didn’t want him going to preschool because she believed the teachers would hurt him, so that alone was enough to get him removed from her care. She gets too paranoid when she is not on her meds and that’s not the suitable home for a child.

Karma July 24, 2009, 11:38 AM

WHAT?!?! That’s unbelievable. Women still seem to have no medical rights regarding their own bodies. No one has to be forced into surgery, nor to take prescriptions. This world is getting to a point where we can never come back from.. Regardless if she has psychiatric issues, the ruling should have NEVER been based on whether she consented to a C-section or not!

Kelli  July 24, 2009, 11:38 AM

Theres gotta be more to it, if not then NO WAY!

casbur1984 July 24, 2009, 11:41 AM

You can read more about this case and an analysis of the decision here:

http://advocatesforpregnantwomen.org/blog/2009/07/new_jersey_vm_case_a_victory_o.php

N July 24, 2009, 11:56 AM

i hope it goes to the supreme court and she gets her baby back!!!!

Heather July 24, 2009, 12:16 PM

This is crazy. When I was in labor they called DCF on me because I was refusing an IV and an epidural. What gives ANYONE else the right to tell women what to do to their own bodies?

Katie July 24, 2009, 12:31 PM

She needs to fight and fight hard. I think they used her medical history against her. We all act a little crazy when pushing a human out of our babies. Who hasn’t wanted to hurt someone during labor or say really bad things to those around us?… The last time I was in the hospital, there was a women who was in labor, screaming her head off. Yet, the hospital staff acted as if she did not exist. Just because we are in pain and doing crazy things during labor, does not, give any hospital the right to treat us like a mental case.

Shawna July 24, 2009, 12:53 PM

OMFG! That hospital totally treated this woman horribly! Then they take her child on top of it…what is the whole point of “History”? Its previous, old and done already so whatever the hell happened 12 years ago was 12 years ago and just cause she denied a C/S doesn’t make her some lunatic…I screamed called nurses b**ches hit my husband…Hey! we are pushing 7pounds or more of a human being out of us so we are intitled to react a certain way…

birdsfly July 24, 2009, 1:42 PM

I am absolutely LIVID about this ruling. Not only have this mother’s rights been violated, but what about the rights of the father?

me July 24, 2009, 2:00 PM

Well, gee. I have 4 paragraphs worth of information, I guess I am totally informationally prepared to second guess the judge and medical workers in this case. I can, without a doubt, say they were all wrong. Because I read this short, one-sided article, never met the mother in question, was not present at the hospital, did no hear the witnesses and spent a whole minute considering it.

Monica July 24, 2009, 2:00 PM

Wow, what an injustice. That makes no sense. So she is being punished for making her own medical decisions. What is going on in the world today?

me July 24, 2009, 2:01 PM

Well, gee. I have 4 paragraphs worth of information, I guess I am totally informationally prepared to second guess the judge and medical workers in this case. I can, without a doubt, say they were all wrong. Because I read this short, one-sided article, never met the mother in question, was not present at the hospital, did no hear the witnesses and spent a whole minute considering it.

Sara July 24, 2009, 2:12 PM

There IS more to the story. I read the opinion. They stated explicitly that the refusal to have a c-section was NOT the reason they terminated her parental rights and further stated that it would be wrong to do so.

The father was given his rights back and the opinion states that the judge wants him reunited with his daughter as soon as possible. This news story was written for shock value, but skipped over several important details.

linuxdog July 24, 2009, 3:08 PM

This mother should have her baby back and be compensated for the stacked social services.

The supreme court in the past ruled grandparents can not just walk in and take a child away from a mother or father so why is this happening.

Just like the black professor’s case…the man was inside his own home.
Yet police unions are demanding an apology from the president for calling the officer stupid. I reviewed, he said the manner was handled stupidly.

why in the blazes in a free christian country does every one have to fear a social worker or a cop? think police state set up largely by richard cheney.

linuxdog July 24, 2009, 3:08 PM

This mother should have her baby back and be compensated for the stacked social services.

The supreme court in the past ruled grandparents can not just walk in and take a child away from a mother or father so why is this happening.

Just like the black professor’s case…the man was inside his own home.
Yet police unions are demanding an apology from the president for calling the officer stupid. I reviewed, he said the manner was handled stupidly.

why in the blazes in a free christian country does every one have to fear a social worker or a cop? think police state set up largely by richard cheney.

Tamara July 24, 2009, 4:26 PM

This is disturbing! All I have to add is that Octo-Mom got all 8 of her babies and she seems pretty damn crazy!

No one has the right to take this baby over conditions that the mom declined to have a c-section and was grumpy during labor. That is not cool at all. The system has way too many foster kids as it is. Shame on the State of NJ for going along with this!


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