Unacceptable Collateral Damage: The Danger of Probation Conditions Restricting the Right to Have Children

Abstract

INTRODUCTION|You have the right to have as many children as you desire. You can have seven like the Waltons, six like the Brady Bunch, or none at all like Oprah. It is all left to your discretion-unless you fail to pay child support, and as a result end up facing criminal charges. The United States Constitution protects the right to freedom in procreation decisions. Generally, this means that the government cannot interfere with such decisions unless it has a compelling reason to do so. Even then, such interference must be narrowly tailored to meet government interests. In two recent cases, State v. Oakley and State v. Talty, courts have found limits on freedom in procreation decisions constitutional when such limits were used as probation conditions for defendants...