New Hampshire Supreme Court upheld children's medical privacy in Re Berg case

In a pivotal meeting on April 24, 2025, the New Hampshire Senate Committee on Children and Family Law discussed significant updates to child privacy laws, particularly regarding medical records and parental rights. A key focus was the implications of the landmark case, In Re Berg, which established that children possess certain rights to privacy under medical privilege laws, including those related to mental health treatment.

The committee emphasized that while children do not have the same legal rights as adults, they are entitled to some level of confidentiality in their healthcare interactions. This includes the ability to withhold certain medical records from parents, particularly in sensitive situations such as mental health treatment or reproductive health services. The discussion highlighted the delicate balance between a parent's right to be informed about their child's health and the child's need for privacy to ensure effective treatment.

One notable aspect of the conversation involved the potential for a guardian ad litem to request a waiver of privilege in specific cases, underscoring the complexities of navigating these legal frameworks. The committee also explored the historical context of parental access to information regarding minors, particularly in relation to abortion rights, which has seen fluctuating legal interpretations over the years.

The committee members expressed strong support for the proposed bill, which aims to clarify and potentially expand parental rights while maintaining necessary privacy protections for children. They acknowledged the importance of ensuring that any changes made would be practical for implementation and beneficial for families.

As the meeting concluded, the committee reinforced the need for ongoing dialogue about these issues, recognizing the evolving nature of child and family law in New Hampshire. The discussions set the stage for future legislative actions that could reshape the landscape of parental rights and child privacy in the state.