Institute for Justice attorney Daniel Woislaw says taking newborn blood without consent does not give New Jersey ownership.
Institute for JusticeInstitute for Justice, through its attorney Daniel Woislaw in the firm's own release
Institute for Justice attorney Daniel Woislaw rejects retaining newborn blood without parental consent.
“But the state doesn’t own your blood and DNA simply because it took that blood, without your consent, from your veins”
Official statement
Where this statement fits
New Jersey defends keeping newborn blood samples; parents demand consent.
Parents of children screened in New Jersey challenge the retention of their children's remaining newborn blood samples after screening without parental consent. State defendants argue that the claims fail on jurisdictional and constitutional grounds. On October 30, 2026, Judge Georgette Castner dismissed the amended claims. The Institute for Justice, which represents the parents, announced that they intend to appeal. The opinion distinguishes retention from initial screening and from alleged future misuse. It describes a 2024 policy change from 23-year retention to two years for negative results and ten years for positive results. It holds that the parents lack standing over use or potential sharing of blood spots.
Source and context
Official statement
About this source
The parents' counsel criticizes retention without consent and announces an intended appeal. The release does not establish that an appeal was filed.
Before the quotation
IJ published Woislaw's response on October 30 after the court dismissed the parents' suit. He argues the ruling leaves parents without a claim to their baby's blood or genetic material.
After the quotation
He says IJ looks forward to appealing and that parents have a right to informed consent before the state can take and keep their children's genetic information.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
IJ's release challenges retention without consent through its attorney, who rejects state ownership of blood and genetic material.
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The Dispute Index. "Institute for Justice attorney Daniel Woislaw says taking newborn blood without consent does not give New Jersey ownership.". First published: 2026-11-03. Last updated: 2026-11-03. https://disputeindex.com/events/7819-institute-for-justice-attorney-daniel-woislaw-rejects-retaining