RIGHT OF FAMILY INTEGRITY

right of family integrity.A fundamental and substantive due-process right for a family unit to

be free of unjustified state interference. • While not specifically mentioned in the U.S.

Constitution, this right is said to emanate from it. The contours of the right are nebulous and

incompletely defined, but it at least includes the right to bear children, to rear them, and to guide

them according to the parents’ beliefs, as well as the right of children to be raised by their parents

free of unwarranted interference by state officials. The right restricts state action under the

Fourteenth Amendment. Interference is not permitted in the absence of a compelling state interest

and is reviewed under a strict-scrutiny standard. Most courts require a state to establish by clear

and convincing evidence that interference in a familial relationship is justified. — Also termed

right to family integrity. See PARENTAL-AUTONOMY DOCTRINE; PARENTAL-PRIVILEGE

DOCTRINE . Cf. freedom of intimate association under FREEDOM OF ASSOCIATION. [Blacks Law 8th]