Most of you probably heard about the controversy lately about the State of Texas taking and storing baby's blood when they are born. Apparently, starting around 2002, the State started taking the leftover blood from screenings and storing it without parents' consent. This prompted several families to sue the State claiming violation of the 4th and 14th Amendments.
The state claims that it kept the blood for reasearch and followed all state and federal laws in doing so. Because of this suit, the Texas Legislature passed a law to allow the State to keep the blood for research but the parents must be informed and have the option to decline. If the parents opt for it to be destroyed, the State must do it within 60 days.
The new law does not dictate that any information received from the blood has to be deleted. It also says that the records are confidential and are exempt from the Texas Public Information Act. Any information about what research is being done or who is involoved with the research is not publicly disclosed. Other states are having this issue as well and have been trying to determine what is best for its residents.
The lawsuit was settled and the State of Texas agreed to destroy about 4.5 million samples taken between 2002 and May 27, 2009. The State will now abide by the new law and ask parents' permission before doing any research on their baby's blood.
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