Lawsuit Alleges Unauthorized Surveillance of Pregnant Woman in Vermont, Asserting Unwarranted Fetal Custody Prior to Birth
In a recent development, the Vermont Department of Children and Families (DCF) has faced criticism for its approach to investigating and taking custody of pregnant women. A notable case from June 2025 involved the illegal surveillance of a pregnant woman during her pregnancy and the subsequent removal of her baby from her custody at the time of delivery [1].
This case highlights a pattern where DCF may monitor pregnant women believed to be at risk and intervene immediately after birth, sometimes without prior transparent due process. Such actions have raised concerns about the legality and ethics of surveillance and custody removal, particularly when done without clear evidence of harm or parental unfitness.
Similar cases in other regions often involve issues around substance use disorder (SUD) during pregnancy and the balancing act between protecting newborns and supporting maternal health. For instance, Maricopa County's SHIFT program in Arizona works to provide compassionate, nonjudgmental care to pregnant women with SUD to avoid stigma and reduce the likelihood of custody loss by engaging with families early and forming safe care plans before birth [2].
In contrast, Vermont's approach appears more interventionist and has faced legal scrutiny. Legislative efforts in other states like Connecticut emphasise confidentiality in maternal and infant health services and mandate reporting to child welfare only under specific conditions, aiming to protect both mother and child while managing child safety concerns [3].
A lawsuit has been filed against Vermont and its child welfare agency, alleging that unsubstantiated rumours about a pregnant woman's mental health were used to justify taking custody of her daughter before birth. The lawsuit, filed on behalf of plaintiff A.V. by attorneys from Pregnancy Justice and the American Civil Liberties Union of Vermont, seeks an injunction against the state's alleged "surveillance" program and damages of an unspecified amount [4].
The lawsuit alleges that DCF's actions are discriminatory. According to Kulsoom Ijaz, a lawyer with Pregnancy Justice, what happened to A.V. is part of a broader trend involving women being charged with crimes related to pregnancy and their unborn children [5]. Ijaz claims that DCF's actions violate Vermont's newly-enshrined right to reproductive autonomy in its state constitution.
In January of 2022, A.V. stayed at a homeless shelter, during which the facility's director informed the Vermont Department for Children and Families about A.V.'s mental health conditions [6]. After the baby was delivered, social workers arrived to immediately take the child into the state's custody. While A.V. was in labour, hospital officials allegedly provided regular updates about her pregnancy to the Department for Children and Families.
DCF is also reported to track pregnant women deemed unsuitable for parenthood on a 'high risk pregnancy docket' or 'high risk pregnancy calendar'. This raises further questions about transparency and due process in the agency's investigations.
If Vermont can address these concerns and lead by example in upholding reproductive rights, it could set a significant precedent for other states to follow. By addressing these issues, Vermont can signal to other states that reproductive rights exist in practice, not just on paper.
- The controversy surrounding the Vermont Department of Children and Families (DCF) extends to the realm of women's health, as the surveillance and custody removal of pregnant women have been criticized for lack of transparency and potential violations of reproductive autonomy.
- In contrast to Vermont, initiatives like Arizona's SHIFT program focus on providing compassionate care to pregnant women with substance use disorder, aiming to empower families and foster safe care plans to protect both the mother and child.
- politics and law intertwine in this issue, as a lawsuit has been filed against Vermont, alleging discriminatory practices by DCF in taking custody of a pregnant woman's child based on unsubstantiated rumors about her mental health.
- The general-news landscape explores the implications of this case beyond Vermont, as it raises broader concerns about the rights of pregnant women, such as the right to confidentiality in maternal and infant health services, and the potential stigmatization and criminalization of pregnancy.
