Parental Rights in New Jersey

New Jersey Parental Rights News

New Jersey Blinked

By Elizabeth Schatzinger • January 7, 2026
The holidays weren’t even behind us yet when the first warning over parental rights legislation was sounded in New Jersey. Assembly Bill 5796, which would require every homeschooling family to visit with a school official for a “welfare visit” on an annual basis, was scheduled to be heard in the Assembly Health Committee on Monday,… The post New Jersey Blinked appeared first on Parental Rights Foundation.

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New Jersey State Law

At Risk


New Jersey does not have a state statute that explicitly defines and protects parental rights as fundamental rights.


Senate bill 2100 (proposed in 2014) and Assembly bill 4234 (proposed in 2015) would have corrected this, but neither bill passed.

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New Jersey Courts

"Strict Scrutiny" Applied to Parental Rights


However, this precedent is subject to change.


Moriarty v. Bradt, 827 A.2d 203, 214–15 (N.J. 2003)
"Summing up, when the State seeks, by statute, to interfere with family and parental autonomy, a fundamental right is at issue. That statute thus is subject to strict scrutiny and will only pass muster if it is narrowly tailored to serve a compelling state interest." (citing Washington v. Glucksberg, 521 U.S. 702, 720-21; and Roe v. Wade, 410 U.S. 113, 155-56.)