Earlier this month, Sanctuary for Families, alongside leading domestic violence and gender justice organizations, filed an amicus brief in the New York Court of Appeals in Matter of L.B. The brief challenges a longstanding and dangerous legal doctrine holding that a father can be found responsible for child neglect under New York law for failing to control the mother’s drug use during pregnancy. If allowed to stand, the doctrine would have devastating consequences for survivors of intimate partner violence (IPV) and reproductive autonomy across the state.
Drafted with the invaluable support of Rower LLC, our brief urges the Court of Appeals to review and reverse this harmful ruling, which empowers abusers, endangers survivors, and undermines decades of legal progress.
A DANGEROUS PRECEDENT THAT ENABLES ABUSE
Survivors of IPV know that abusers often seek to control every aspect of their lives, including their reproductive choices. Many report being coerced into pregnancy, having birth control sabotaged, or facing violence when seeking abortion or prenatal care.
The First Department’s ruling gives abusers a legal excuse to exert coercive control over their partners during pregnancy and ignores the realities of IPV—where survivors often have little control over their own lives, let alone their partner’s behavior.
The risks are real and can be deadly. Homicide is one of the leading causes of death for pregnant people in the U.S., and pregnancy increases the likelihood of IPV. Between 2020 and 2023, domestic violence incidents in New York rose by more than 20%, even as other crime rates fell. This ruling provides another tool of abuse that could be used to justify violence, surveillance, and reproductive coercion.
WRONGFULLY PUNISHING SURVIVORS
The ruling also punishes, rather than protects, survivors. Research shows that IPV survivors are more likely to use substances, often to cope with trauma. Yet rather than addressing the systemic failures that prevent them from getting care, this ruling exacerbates the power imbalance at play.
Forcing prospective fathers to control their pregnant partners doesn’t protect children—it creates more barriers to safety, medical care, and support for survivors. It also discourages survivors from seeking help, fearing that their partner could retaliate if they are blamed.
A DIRECT THREAT TO BODILY AUTONOMY
New York has long been a leader in reproductive rights and gender justice. But this ruling threatens that progress by reviving outdated legal concepts that treat pregnant people as objects of control rather than individuals with rights.
In Planned Parenthood v. Casey (1992), the U.S. Supreme Court warned that states “may not give to a man the kind of dominion over his wife that parents exercise over their children.” The First Department’s ruling does exactly that—effectively mandating paternal control over pregnant people and violating fundamental rights.
At a time when reproductive rights are under attack nationwide, New York must not allow IPV survivors to be further stripped of their autonomy under the guise of child protection.
SANCTUARY FOR FAMILIES STANDS WITH SURVIVORS
This case is about more than legal theory—it is about protecting survivors from harm and upholding their rights. With the support of Rower LLC, we are urging the Court of Appeals to overturn this decision and reaffirm New York’s commitment to survivor safety, autonomy, and justice.
Click here to read the full amicus brief and learn more about this case.