Pregnancy Justice submitted a “friend of the court” brief to ensure that the inalienable rights informing reproductive freedom and justice, which are safeguarded by New Mexico’s statutes and constitution, are not overridden by a directive requiring the secretary of the Children, Youth and Families Department (CYFD) to file abuse and neglect petitions at birth and immediately separate parents from infants who tests positive for substances.
The directive infringes on the fundamental rights of pregnant and parenting people, violates New Mexico law rejecting fetal personhood, and contradicts public health principles as well as federal and state law requiring states to make efforts to avoid family separation wherever possible.