A controversial database containing DNA samples taken from newborn babies in New Jersey is coming under increasing legal scrutiny after it was discovered state law enforcement agencies maintained back-door access to the information. For decades, the state has collected and stored these DNA samples without explicitly informing parents — amassing a sizable database of genetic material.
Two New Jersey mothers have launched a federal class-action lawsuit protesting the collection and access of personal infant data without adequate consent, reflecting growing public concerns about invasive uses of baby blood samples for undisclosed purposes. The Fourth Amendment guarantees protection against unabated searches and seizures.
The practice of harvesting infant DNA samples — standard nationwide for early detection of conditions such as cystic fibrosis — usually involves discarding the samples post-testing. However, New Jersey retains them for 23 years, with the potential for DNA data to be preserved even longer on third-party servers.
The state allows the circulation of these genetic markers with any party for any reason, including law enforcement agencies. This practice has led to real-world instances where these samples have been handed over to police departments without warrants, even resulting in criminal charges for individuals. While parents do retain the option to opt out of the screenings on religious grounds, hospitals often downplay this choice, and some have even threatened parents who decline the DNA testing with reporting them to Child Protective Services.
