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QUESTIONS & ANSWERS

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Please also note:
  • Questions are listed in reverse chronological order of submission date.
  • Keywords are highlighted to help you spot specific topics.
  • Many questions have been paraphrased for general applicability.
  • Few exemption questions are truly short-answer questions; short answers are provided here for convenience.
  • These Q&A's are provided for general educational purposes only.
  • More complete information on most of these topics is available in The Authoritative Guide to Vaccine Legal Exemptions.
  • Submit questions to: attorney@vaccinerights.com.
QUESTIONS 
  1. If we do not attend church, never have, should we start? Or pick a religion to claim as our own for the purpose of religious exemption?

  2. I understand that in [our state], parents are now allowed to change to religious exemptions after having already given their children some vaccinations. Any guidance you can offer us would be much appreciated.

  3. I would like to know if I have the right not to have my children vaccinated due to studies and research on the reactions from these vaccinations.

  4. If I were to homeschool, would I have to jump through any legal hoops to avoid vaccinating?

  5. Do you know of any organizations that are actively trying to remove vaccine mandates on a national level? I personally feel removing mandates state by state is extremely costly and a waste of money.

  6. How the heck do I prove our convictions [with overseas adoption exemption requirements])?  We believe it is due to religious, medical and moral reasons.  Have you written any such exemption for I-601?

  7. My daughter received her 4 month vaccination shots and weeks later she started having muscle spasms which turned into seizures. She was in the hospital for 3 days and doctors could not figure out what was wrong. I mentioned the possibility that her seizures could be related to her vaccinations and the doctors did not want to comment. I am afraid to give her more vaccinations. How can we be exempt from vaccinations and can we file a lawsuit against the local Health Department?

  8. How can a parent who is concerned about harmful vaccinations be held neglectful for not immunizing a child being cared for by him/her?

  9. Can you explain to me what a vaccine exemption is? What does it cover and who is eligible to claim such an exemption?

  10. I lost custody today because I use homeopathic remedies, natural organic foods and no vaccines to support my child's health. The judge ordered that the child be given all of his vaccines . . . Is there anything I can do?

  11. Our children have received homeopathic vaccinations--is this sufficient to meet the immunization requirements?

  12. I have been instructed that I must sign a notarized affadavid saying that I will immunize my infants in 30 days in order to adopt them from Guatemala. Is there any way around this?

  13. I sent a letter to my child's school from my place of worship stating that our objection to vaccines had to do with ingredients from animals that the Bible describes as unclean animals that we are forbidden to touch, let alone inject into our bodies, and furthermore, that the effects of vaccines are detrimental to a child's health and development--the rate of autism has been linked to vaccines. In response, the school has given us 10 days to provide a written explanation of our beliefs. Please help.

  14. Our baby is due soon. We do not want our child vaccinated. What documentation do we need to present to the hospital?

  15. I am trying to find out how to be exempt from immunizations and still fall under the law of a "bonafide religious reason".  Can you give me any information on this?




  19. I have even considered carrying with me a document that says something to the effect of “if the hospital will take full responsibility for ANY adverse reaction or ANY complications from the vaccine either now or in the future, then I will consent to vaccination”. Is there any problem with this?

  20. After speaking with the school and with a representative of the state immunization office, I am told that our only option . . . is to have a [state] licensed physician stipulate that it would be medically detrimental [for our college-bound daughter] to be forced to meet the immunization requirements. What can we do?

  21. I was recently told that the religious exemption we plan to use for school is an "all or none" situation and that if we were to choose to vaccinate for one of the vaccines, it would void our religious exemption. Is this true?

  22. I got an exemption form free of charge through [Internet vaccine organization]. Is there any problem with this?

  23. We're currently in the early stages of applying for a Green Card and I believe there may be some vaccination issues with that . . . Do you have any experience of this?

  24. I am about to enroll my son in the [local] public school system. My husband, who is a member of [an] Indian tribe, and I do not believe in vaccinations, but are not members in any religious organization. We have a firm spiritual conviction against immunization. What should we do?

  25. We live in Cananda and are planning to move to [a foreign country]. Are vaccines required for school there? Do we have any options?

  26. My child's next doctor visit (she'll be 4 months old) is coming up soon and the doctor says they will no longer see her if she doesn't get vaccinated at that visit! What should I do?

  27. Do you have any experience with exemptions for students entering medical school?

  28. Do you have free information booklets for people in [other states]? Or do you have some for sale? I need something to help me with employment and children in school. Thank you so much for being there for those that haven't the time to study...

  29. I have had immense intimidation and pressure to immunize [our new baby].  I am fearful to step into the pediatricians office because I do not know the best way to defend my stance. I would like any bit of advice you might have to keep her away from vaccines and the accusations that I am a bad/neglectful parent.  Any ideas?

  30. We are thinking of joining the Christian Scientist religion . . . to avoid mandatory vaccination. Do we need to consult a vaccination lawyer, since I have read that in the event of an outbreak, that religious exemptions might not be honored?

  31. We are a homeschooling family. If we decide not to continue  immunizations to our youngest children,  what do I do at their next doctor visit? Do I need some sort of note of exemption? Do you know what medical neglect is?  The Doctors tell us if we refuse to do something they feel is medically neccesary it is considered medical neglect and they are reguired by state law to write the division of social services. What do we do?

  32. My ex-spouse never objected to not vaccinating our children until we separated--now he's trying to paint me as an unfit parent in a child custody battle. What should I do?

  33. My son got some shots, but I do not want to give him second MMR or chicken pox vaccine. What are my rights?

  34. I am a physician who doesn't believe in vaccines. I am about to have my first kid and I do want legal protection. I live in [a different state than you]. Do you know any attorney who can help me?

  35. My daughters have chosen not to vaccinate their children. Can you please tell us what would be involved in protecting their rights? What does your office offer as far as legal help?

  36. Last Friday I was told by the school nurse that I could not request exemption from just one vaccine . . . [She said] that if he has any other vaccines in the future it would nullify our exemption. Is there county or school district law that goes beyond the state statute? Is what the nurse saying true?

  37. I have a form that I downloaded a long time ago and I am attaching it so you can review it. Do you have one that's better or a link to one so I can use it?

  38. My child had titers drawn and tested immune to all childhood diseases... Can we avoid vaccines on that basis?

  39. Can a medical exemption be obtained in [state] for a child that has shown severe illness after receiving childhood MMR vaccinations?

  40. Can military personnel claim a religious exemption?

  41. We don’t have specific religious reasons for not vaccinating – can we still claim an exemption to vaccines?

  42. Is it constitutional for a state’s religious exemption law to require membership in an organized religion with tenets in opposition to the immunization requirements?

  43. What information and details do I need in a religious exemption letter?

  44. Can I get an exemption now if I was intimidated by my children’s pediatrician into giving them vaccines in the past?

    45.
Submit questions to: attorney[a]vaccinerights.com.
County Courthouse in Pittsboro, NC, USAQUESTIONS AND ANSWERS
  1.  Q: If we do not attend church, never have, should we start?  Or pick a religion to claim as our own for the purpose of religious exemption?

    A:  Depending on your state's laws and applicable legal precedent, you may or may not have to belong to an organized religion to qualify for a religious exemption. However, joining one for the purpose of avoiding immunizations has caused some people to be denied the exemption right, as it gave the appearance that the beliefs were not sincerely held. Also, some religious organizations may not be recognized by some states, so beware of "mail order" church memberships and churches founded on principles that are philosophical rather than religious. top 

  2. Q: I understand that in [our state], parents are now allowed to change to religious exemptions after having already given their children some vaccinations. RA, March 2007

    A: There is federal legal predent supporting religious exemptions to immunizations based on present beliefs, regardless of prior immunizations. The more practical question is whether or not you may need an attorney to make the argument on your behalf (citing the applicable federal precedent) in order ot get local authorities to cooperate with you. This is discussed in some detail in The Authoritative Guide to Vaccine Legal Exemptions. top 

  3. Q: I would like to know if I have right not to have my children vaccinated due to studies and research on the reactions from these vaccinations. TS, March 2007

    A: Unfortunately, it is not research that determines your exemption rights, but state law. Review the statutes and regulations in your state, and consider consulting a knowledgeable attorney if you have any question regarding those laws or how they apply to the specific circumstances in your life. Meanwhile, research that shows problems with vaccinations may provide a basis for asking state legislatures to modify state laws--e.g., add a philosophical exemption if your state doesn't have one. top 

  4. If I were to homeschool, would I have to jump through any legal hoops to avoid vaccinating? BR, March 2007

    A: States are concerned with the spread of disease within their borders, so it is unlikely that state laws would not apply to homeschoolers as well as public school students. Check the applicable statutes and regulations in your state to see whether or not homeschoolers are required to be vaccinated (but they probably are), and whether or not there are reporting requirements for homeschooling parents. top 

  5. Q: Do you know of any organizations that are actively trying to remove vaccine mandates on a national level? I personally feel removing mandates state by state is extremely costly and a waste of money. April, February 2007

    A: The U.S. Congress may be powerless to enact laws concerning vaccines for the states, as their authority is limited to that explicitly granted by the U.S. Constitution, and the Constitution doesn't give the U.S. Congress authority to enact laws concerning vaccine requirements for state residents. top 

  6. Q: How the heck do I prove our convictions [with overseas adoption exemption requirements])?  We believe it is due to religious, medical and moral reasons.  Have you written any such exemption for I-601? LR, February 2007

    A: The federal government allows for exemptions to vaccines for immigrants, including adoptive children from overseas, for religious and philosophical reasons. However, these must be presented in a specific manner, and you should consult an attorney regarding this, to avoid delays or a denial of the exemption due to having not met the specific requirements and format. top 

  7. Q: My daughter received her 4 month vaccination shots and weeks later she started having muscle spasms which turned into seizures. She was in the hospital for 3 days and doctors could not figure out what was wrong. I mentioned the possibility that her seizures could be related to her vaccinations and the doctors did not want to comment. I am afraid to give her more vaccinations. How can we be exempt from vaccinations and can we file a lawsuit against the local Health Department? EW, February 2007

    A: Your child may qualify for a medical exemption, but you'll probably need a medical doctor's recommendation. Medical exemptions have limitations--they may be temporary, only for the vaccine(s) believe to have caused an adverse reaction, and may be overturned by the state despite a doctor's recommendation. Consider a religious or philosophical exemption. However, a religious exemption under these circumstances could look like you're trying to avoid vaccines for medical reasons under the guise of a religious exemption, so you may wish to consult an attorney first.

    As for the lawsuit--if the person administering the vaccines acted within customary practice, a successful lawsuit is unlikely, but you should consult a local personal injury attorney who handles vaccine injuries for more information. You may also be eligible for state or federal compensation, and may wish to consult an attorney to explore that possibility as well (see the links page to find attorneys who handle vaccine injury cases).     top 

  8. Q: How can a parent who is concerned about harmful vaccinations be held neglectful for not immunizing a child being cared for by him/her? MH, January 2007

    A: While some parents' choice not to immunize is based on sound information, the fact remains that at any given point you must either be up to date with immunizations or exercising a valid legal exemption--or you are violating the law. If you are in that "gray area" where immunizations are not current but no legal exemption has been exercised, you may be vulnerable to claims of medical neglect and/or to being prosecuted for failure to immunize. First, you should take steps to come into compliance with your state's immunization laws (either by vaccinating or exercising a valid exemption). Next, you should take steps to help raise awareness and support for more rational laws that allow parents to make informed decisions for their children. top 

  9. Q: Can you explain to me what a vaccine exemption is? What does it cover and who is eligible to claim such an exemption? SL, January 2007

    A: A vaccine exemption is the means by which a person may avoid a legally mandated vaccine or vaccines. Eligibility varies from state to state, as vaccine laws for state residents (requirements and exemptions) are determined by state law. Your rights may also be determined by federal legal precedent and/or federal statutes and regulations, depending on the specific circumstances. Ultimately, there are many more people who are potentially eligible for exemptions than there are people who actually claim one, but not everyone is eligible. While no one is required to hire an attorney to exercise a vaccine exemption, consulting one knowledgeable in this area of the law can help you avoid future complications and the unnecessary loss of your exemption right as has occured with others (attorneys make lots of money assisting people with big problems that could have been avoided had the client consulted an attorney up front). top 

  10. Q: I lost custody today because I use homeopathic remedies, natural organic foods and no vaccines to support my child's health. The judge ordered that the child be given all of his vaccines . . . is there anything I can do? RK, January 2007

    A: The order can probably be appealed. There may be procedures whereby one can request that the order be "stayed" (not carried out) pending the appeal--but such requests may or may not be granted. Specific procedures and options may vary from state to state, so consult a local attorney familiar with your state's appeals process for more information. There may be arguments for appealing the order, but judges often have broad discretion in domestic cases, so winning the appeal may be an uphill battle. However, there may be good arguments--my e-book discusses at least one possible argument for granting custody to the non-vaccinating parent that is not likely to be made by an attorney unfamiliar with vaccine exemption law, so consulting such an attorney may be a good idea--ideally, prior to the trial. top 

  11. Q: Our children have received homeopathic vaccinations--is this sufficient to meet the immunization requirements? SS, January 2007

    A: Unfortunately, the question is not whether or not you have taken reasonable steps to protect your children, but whether or not you have complied with applicable laws. If your state's laws do not permit homeopathic prophylaxis as a substitute for medical vaccines (and it is doubtful that any state laws do), you must at all times either be current on required immunizations or exercising a valid legal exemption. top 

  12. Q: I have been instructed that I must sign a notarized affadavid saying that I will immunize my infants in 30 days in order to adopt them from Guatemala. Is there any way around this? AV, January 2007

    A: Immigration laws require immunizations for adopted children, but the requirement can be waived for religious or philosophical reasons. The details are too lengthy for this FAQ, but it requires form I-601 and supporting documentation meeting specific requirements. You should consult a knowledgeable attorney to ensure that you follow the correct procedures, to avoid losing the exemption or delaying the adoption. My e-book also has information about this. USCIS policy follows state and federal case law from school exemption cases, so much of the book is relevant to immigration and foreign adoption exemption concerns. top 

  13. Q: I sent a letter to my child's school from my place of worship stating that our objection to vaccines had to do with ingredients from animals that the Bible describes as unclean animals that we are forbidden to touch, let alone inject into our bodies, and furthermore, that the effects of vaccines are detrimental to a child's health and development--the rate of autism has been linked to vaccines. In response, the school has given us 10 days to provide a written explanation of our beliefs. Please help. LN, January 2007

    A: What you describe sounds like a mixture of religious and non-religious reasons--that may have signaled the school system that your objections are not primarily or sincerely religious. It may be fine to have both religious and non-religious objections to immunizations, but non-religious reasons do not apply to a religious exemption. When declaring or defending a religious exemption, avoid discussing or mentioning non-religious concerns you may have--that can cost you the exemption. top 

  14. Q: Our baby is due soon. We do not want our child vaccinated. What documentation do we need to present to the hospital? LS, January 2007

    A:It is wise to let the doctor and/or midwife and all relevan hospital personnel know well in advance of the due date that you do not want your newborn child vaccinated, to avoid accidental vaccination against your wishes due to the more usual, routine birthing procedures. Find out what the requirements and procedure are for a valid legal exemption in your state, and provide documentation to all concerned of your exemption declaration and exempt status. Follow up to be sure that all have received and are actually aware of your position on the matter and that you are exercising a legal exemption. top 


  15. Q: I am trying to find out how to be exempt from immunizations and still fall under the law of a "bonafide religious reason".  Can you give me any information on this? NR, January 2007

    A: The U.S. Supreme Court has defined 'religion' broadly for legal purposes, and federal courts have applied that definition to vaccine religious exemption cases. Depending on your state's requirements, your personal religious beliefs may be sufficient to qualify for a religious exemption. See the article on this website about vaccine religious exemptions, and consider a consultation or my e-book on vaccine exemptions for information about how the law applies in your specific situation. top 

  16. Q: Can I claim an exemption if my children are partly vaccinated? MK, November 2006

    A: There is federal precedent that says only a present belief is necessary (and one's beliefs can change), but its applicability depends on the specific circumstances and can vary from state to state. A complete explanation of this is beyond the scope of this FAQ page, but could be had in a consultation or in my e-book. top 

  17. Q: A statute requires TB skin testing or a chest x-ray for incoming teachers. I feel as though this imposition is unconstitutional. Is there anything that you would advise me to do about this? DD, November 2006

    A: TB skin testing probably can't be avoided with vaccine exemption laws. If this is against your religion, however, federal laws may help. Title VII of the Federal Civil Rights Act of 1964 requires qualifying employers to reasonably accommodate their employee's religious beliefs and practices. The strength or weakenss of your position under this Act would depend on how the courts have ruled on this or related matters in the past, which could be determined by researching relevant legal precedent. top 

  18. Q: I was just told by a private, church-owned preschool/daycare that their policy will not allow my children to attend their school because I do not immunize my kids.  Our older children attend a Catholic school where they just followed the state's advice in having us sign letters stating that we do not immunize our children due to religious beliefs. Is the preschool discriminating, or since they are a private institution can they do this? MH, October 2006

    A: Private schools' students are subject to the same immunization requirements as public schools, so arguably, they should have to honor the same state-sanctioned exemptions. Governments (federal, state and local) may not discriminate based on religion, but private schools may be able to--e.g., does a Christian school have to accept Muslim applicants? The more practical issue may be whether or not you want your child in a school where he or she is not wanted--would you want to force such a school to accept your child, if you could? top 

  19. Q: I have even considered carrying with me a document that says something to the effect of “if the hospital will take full responsibility for ANY adverse reaction or ANY complications from the vaccine either now or in the future, then I will consent to vaccination”. Is there any problem with this? WM, August 2006

    A: While it is probably true that no healthcare professional has ever signed such a form, it is just as likely that it's because they don't have to, and that their failure to agree to do so doesn't change the fact that you must still comply with the legal requirements. This is not a good strategy for avoiding vaccines. top 

  20. Q: After speaking with the school and with a representative of the state immunization office, I am told that our only option . . . is to have a [state] licensed physician stipulate that it would be medically detrimental [for our college-bound daughter] to be forced to meet the immunization requirements. What can we do? ML, August 2006

    A: The state you referred to offers a religious exemption, so it appears you were given incomplete or false information (whether deliberately or not). I suggest you explore that possibility. See this site's Information link's article about religious exemptions, for starters, and then your state's statutes and regulations. top 

  21. Q: I was recently told that the religious exemption we plan to use for school is an "all or none" situation and that if we were to choose to vaccinate for one of the vaccines, it would void our religious exemption.  Is this true? JC, August 2006

    A: Few states' laws allow parents to "pick and choose" which vaccines they will get, and when. If your states' laws do not explicitly provide for this, the far greater likelihood is that the religious exemption law contemplated an "all or nothing" approach, and that an attempt to "pick and choose" would result in loss of the exemption. However, if there is an argument in favor of avoiding only some of the vaccines for religious reasons--e.g., avoiding only those whose development involved the use of aborted fetal tissue, such an argument might ultimately prevail--but the practical reality is that more likely than not, such an argument, if ultimately successful, would win after an appeal(s) of denial of the exemption at the administrative and trial court levels. This is a strategy that should be employed only after consulting an attorney about the possible procedures and associated costs, and possible outcomes at each stage of the litigation. top 

  22. Q: I got an exemption form free of charge through [Internet vaccine organization]. Is there any problem with this? AM, July 2006

    A: The answer depends on whether or not the form comply with your state's laws. If not, your exemption could be denied--but even if initially allowed, you may be subject to challenge in the future. It is foolish, frankly, to use a form or procedure not provided by your state, and Internet sites that offer vaccine exemption forms and affidavits for general use are doing you a great disservice, despite their good intentions, as the use of these is inherently problematic. top 

  23. Q: We're currently in the early stages of applying for a Green Card and I believe there may be some vaccination issues with that . . . Do you have any experience of this? AM, July 2006

    A: This is a federal law question. Vaccines are required for immigrants, but can be waived for religious or philosophical reasons. There is a specific form (I-601) and procedure required, and a corresponding fee. (Be sure to follow the required procedure precisely!) Also, while the exemption laws of the state in which you will reside do not apply to immigration, you will be subject to that state's laws once living there, so you may wish to consider if and how you will be declaring a state exemption while you are working on the immigration waiver, so that the two are consistent and mutually supportive. top 

  24. Q: I am about to enroll my son in the [local] public school system. My spouse, who is a member of [an] Indian tribe, and I do not believe in vaccinations, but are not members in any religious organization. We have a firm spiritual conviction against immunization. What are our rights? KE, July 2006

    A: Requirements for a religious exemption vary from state to state--some states require membership in an organized religion, others do not (whether or not there is a way around the requirement in states that do is a question too complicated for this FAQ page). In states that don't have such requirements, federal precedent supports your right to claim an exemption based on your personal religious beliefs, so ultimately, it shouldn't matter whether or not you belong to an organized religion in those states. The more practical question may be whether or not you will need to have an attorney make that argument for you--citing the specific legal precedent that supports your rights under the specific facts and circumstances of your life-- in order for local officials to "hear" and respect that right. top 

  25. Q: We live in Cananda and are planning to move to [a foreign country]. Are vaccines required for school there? Do we have any options? FB, June 2006

    A: Vaccine requirements in foreign countries are determined by each country's laws for anyone entering or residing in each country. While this can vary with each individual country, many people travel internationally without getting vaccines (though residing in a country for a period of time may be a different situation). Unvaccinated travelers may be subject to quarantine during periods of disease outbreaks, so be prepared for that possibility. top 

  26. Q: My child's next doctor visit (she'll be 4 months old) is coming up soon and the doctor says they will no longer see her if she doesn't get vaccinated at that visit! What should I do? CC, June 2006

    A: A private medical practice may be able to legally refuse patients (but you should check with a local attorney to clarify this in your specific situation if that's really a fundamental concern for you). However, the doctor's primary concerns likely stem from the prospect of having a patient that they believe poses a liability risk to them and/or a health risk for their other patients. Regardless of the merits of these concerns (or lack thereof), they may be willing to see your child if you explain ahead of time that you are exercising a valid legal exemption and offer to provide them with documentation of that exemption for their file. However, if the doctor's bottom line is that they do not want to treat an unvaccinated child--legal exemption or not--you may be better off changing pediatricians--why insist on services from someone who doesn't want to provide them to you? top 

  27. Q: Do you have any experience with exemptions for students entering medical school? BH, May 2006

    A: As do students in grade-school, college students must comply with the vaccine legal requirements of the state in which the college is located. The specific requirements and procedure are dictated by that state's statutes and regulations, and their application to you may be determined to one degree or another by applicable legal precedent, if any. See this site's Information, Resources and Services links for additional insight and options. top 

  28. Q: Do you have free information booklets for people in illinois? Or do you have some for sale? I need something to help me with employment and children in school. Thank you so much for being there for those that haven't the time to study.... JJ, April 2006

    A: My new vaccine exemption e-book (May 2007) provides in-depth information for people concerned with vaccines in work and school, as well as many other situations (adoption, immigration, college, the military, etc.) I also have information for free on this site - see the Information link for articles, the Resources link for information about consultations and presentations, the other questions on this page, and the Testimonials page for feedback from some of my past clients. top 

  29. Q: I have had immense intimidation and pressure to immunize [our new baby].  I am fearful to step into the pediatricians office because I do not know the best way to defend my stance. I would like any bit of advice you might have to keep her away from vaccines and the accusations that I am a bad/neglectful parent.  Any ideas? NF, March 2006

    A: At all times, you should be either up to date with legally required immunizations or exercising a valid legal exemption. (If you are exercising a legal exemption, you can't simultaneously be neglectful for not vaccinating...) Any other status leaves you vulnerable to claims of neglect and/or failure to comply with vaccination requirements. If you are exercising a valid legal exemption, the only thing you need to say to the doctor--and should say--is that you are exercising a legal exemption. Don't try to explain the reasons for your exemption - that just gives the doctor something to argue about with you - just politely refuse to discuss the matter further, except perhaps to mention that the state legislature approves of your exemption, or else they wouldn't have enacted a law allowing it. top 

  30. Q: We are thinking of joining the Christian Scientist religion . . . to avoid mandatory vaccination. Do we need to consult a vaccination lawyer, since I have read that in the event of an outbreak, that religious exemptions might not be honored? SS, March 2006

    A: If you join a church for the purpose of avoiding immunizations, you are at risk of losing the exemption, as that may be construed as evidence that your beliefs are not sincerely held. In many states, it may not matter whether or not you belong to an organized religion with tenets in opposition to the immunization requirements, and some states do not have authority to question the sincerity of your beliefs, so check your state's statutes and regulations. Next, the question of honoring exemptions during an outbreak is really a two-part question: 1) Whether or not your state has laws stating this, and 2) If so, whether or not those laws would hold up to a constitutional challenge (as laws that are "on the books" may be "good law" unless and until challenged and changed). Finally, it is always good to consult an attorney concerning vaccine exemptions, to learn how the law applies to the specific circumstances of your life and location, to learn the "gray" areas of the law and corresponding arguments for and against your rights, and to discuss the many practical considerations-- e.g., how to deal with difficult local officials. top 

  31. Q: We are a homeschooling family. If we decide not to continue  immunizations to our youngest children, what do I do at their next doctor visit? Do I need some sort of note of exemption? Do you know what medical neglect is?  The Doctors tell us if we refuse to do something they feel is medically neccesary it is considered medical neglect and they are reguired by state law to write the division of social services. What do we do? LP, February 2006

    A: Technically, unless your state's laws require you to provide your doctor with evidence of a vaccine exemption, you probably don't have to do anything. As a practical matter, you should exercise a valid legal exemption and tell the doctor that you are doing so. You cannot be reported to social services (legitimately, anyway) if you are not immunizing due to the exercise of a valid legal exemption. If your doctor needs documentation of that (and you could ask if they do), then give them a copy of an exemption letter or form (or whatever your state requires) to exercise a vaccine exemption from local school or daycare, so they have something in their files that lets them "off the hook" for treating an unvaccinated child. top 

  32. Q: My ex-spouse never objected to not vaccinating our children until we separated--now he's trying to paint me as an unfit parent in a custody battle. What should I do? SH, February 2006

    A: Many spouses conveniently change their position on vaccines after separating to gain an advantage in custody disputes. Since judges generally have broad discretion in domestic matters, their personal biases often may dictate the outcome. There may be arguments that can help, but unless your family law attorney is familiar with immunization exemption law (which is not likely), s/he probably doesn't know them. It's likely to be an uphill battle, but discussing the matter with an attorney knowledgeable in both areas may be helpful (I am one such attorney). top 

  33. Q: My son got some shots, but I do not want to give him second MMR or chicken pox vaccine. What are my rights? AI, February 2006

    A: The bottom line is, you may claim an exemption from vaccines only as permitted by your state's exemption statutes and regulations and applicable state and/or federal legal precedent. Few states' codes allow parents to "pick and choose" when and which vaccines they will give (and even fewer local officials will tell you have that option even if you do). Review your state's statutes and regulations. If you have questions about how they apply to your particular circumstances, you may wish to consult a knowledgeable attorney. Past vaccines need not necessarily  prevent you from exercising an exemption, but that may depend on the specific circumstances, your geographic location, and the wording of your state's laws. This is not a "short-answer" question--I recommend you have a consultation or read the explanation in my e-book. top 

  34. Q: I am a physician who doesn't believe in vaccines. I am about to have my first kid and I do want legal protection. I live in [a different state than you]. DO you know any attorney who can help me? CS, M.D., February 2006

    A: The National Vaccine Information Center lists only three attorneys (2 in NY, me in NC) who assist clients with vaccine exemptions. In my experience, attorneys who have not studied this area of the law usually make erroneous educated guesses about it. I recommend you consult an attorney who has studied the state and federal precedent. You can hire an attorney to research this area of the law, of course, but that will be much more costly than consulting one that already has. top 

  35. Q: My daughters have chosen not to vaccinate their children. Can you please tell us what would be involved in protecting their rights? What does your office offer as far as legal help? Dr. RM, February 2006

    A: Exercising an exemption is a matter of complying with your state's laws requirements for one or more of the exemptions your state offers, as indicated in state statutes and regulations. This office can assist you with finding state statutes and regulations, advising you about your rights under the U.S. Constitution (First Amendment, freedom of religion) regarding the specific circumstances of your life, and provide a written legal opinion about those rights citing applicable law. For a more detailed explanation, contact Alan as indicated at the bottom of this page or e-mail attorney[a]vaccinerights.com (replace "[a]" with "@"). top 

  36. Q: Last Friday I was told by the school nurse that I could not request exemption from just one vaccine . . . [She said] that if he has any other vaccines in the future it would nullify our exemption. Is there county or school district law that goes beyond the state statute? Is what the nurse saying true? TH,  September 2005

    A: Few if any state laws provide for a religious exemption from only one or some vaccines, so it is not likely that claiming an exemption for anything other than all vaccines would be allowed. Next, getting vaccines after claiming a religious exemption could make exercising a religious exemption difficult in the future, but unless state law explicitly states that, you may be able to rely on federal precedent that states that a current belief in opposition to the immunization requirements is all that is needed--i.e., past vaccines may not prevent the exercise of a religious exemption presently (however, it might take an attorney to convince local authorities of this, with proper citations to applicable legal precedent). Finally, individual public school districts do not have authority to require anything more than what is required by state statutes and regulations. top 

  37. Q: I have a form that I downloaded a long time ago and I am attaching it so you can review it. Do you have a better or a link to one so I can use it? MP, August 2005

    A: If your state laws don’t require and provide a form, it is unwise to use one, as it would necessarily not be in strict compliance with the law, and thus leave you vulnerable to a challenge even if initially accepted. I recommend reviewing your state’s statutes and regulations, and complying strictly with them. If you have concerns or encounter problems with how those laws apply to the specific circumstances of your life, you should consult a knowledgeable attorney. top 

  38. Q: My child had titers drawn and tested immune to all childhood diseases but polio. Can we avoid vaccines on that basis? AB/KB, May 2005

    A: The bottom line is that you must comply with the law—either get the required immunizations or claim an exemption under your state’s laws. If you state’s statutes and/or regulations indicate that vaccines may be avoided if titer levels indicate that the child is already immune to the disease(s), then you can avoid vaccines that way—if not, you can’t. top 

  39. Q: Can a medical exemption be obtained in [state] for a child that has shown severe illness after receiving childhood MMR vaccinations? SM, May 2005

    A: State medical exemption laws generally require a qualifying medical condition and the recommendation of a state-licensed medical doctor for one to be granted a medical exemption. State laws may also allow the state to overturn the exemption even when recommended by a qualifying medical doctor. If you want to avoid all immunizations indefinitely, it may be worth exploring whether or not you qualify for a religious exemption. See the article on this website. top 

  40. Q: Can military personnel claim a religious exemption? CPT RS, February 2005

    A: Military regulations provide for a religious exemption to military immunizations, though the recruiter and supervisor I exchanged emails with were unfamiliar with this and unable to confirm it. Military law is separate and different from civilian law. Requirements for a military religious exemption are more stringent than most state laws for civilian religious exemptions, and the military exemption can be cancelled if the “mission” requires it. top 

  41. Q: We don’t have specific religious reasons for not vaccinating – can we still claim an exemption to vaccines? MG, February 2005

    A: If your state doesn’t offer a philosophical exemption, and you don’t qualify for a medical exemption (or, if you qualify for a non-permanent medical exemption but want to avoid vaccines generally and indefinitely), you may still qualify for a religious exemption. Depending on where you live and the specific wording of your state’s vaccine religious exemption statutes and regulations, personal religious beliefs may qualify. The U.S. Supreme Court has defined ‘religion’ in rather broad terms for legal purposes, and federal courts have applied that definition to vaccine religious exemptions specifically. My e-book explains how, if and when federal legal precedent applies to individual situations; or, consider consulting  a knowledgeable attorney. top 

  42. Q: Is it constitutional for a state’s religious exemption law to require membership in an organized religion with tenets in opposition to the immunization requirements? JD, July 2004

    A: Technically, any state law is “good law” (i.e., enforceable) unless and until it is challenged deemed unconstitutional by a state appellate or federal court, and/or is repealed or stricken. However, laws in some states that required such membership have been repeatedly held to be unconstitutional, so there is a compelling argument that such laws still on the books in other states shouldn’t be enforced. The problem is, local officials are obligated to enforce current law, and the “compelling argument” is only that—an argument—for what the law should be, and is not what the law is now. top 

  43. Q: What information and details do I need in a religious exemption letter? Mrs. J., June 2004

    A: Requirements vary from state to state, and are spelled out in each state’s statutes and administrative regulations. Consult these codes first. If your state requires a letter, include all of what those codes require, and nothing more. Try findlaw.com to links to your state’s codes (but not all states have codes available to the general public online, and those that do provide this information may not include recent months’ changes in those codes). Some websites provide or sell this information (e.g., www.nvic.org), but may not have recent changes (if any) to those codes. Most attorneys subscribe to formal research databases that include all recent changes, and so may be able to provide authoritatively current statutes and regulations. top 

  44. Q: Can I get an exemption now if I was intimidated by my children’s pediatrician into giving them vaccines in the past? LH, May 2004

    Legal Technicalities: Federal legal precedent supports your right to claim a religious exemption if you have a sincerely held religious belief in opposition to the immunization requirements now, despite prior vaccines. However, the applicability of that precedent depends on the specific wording of your state’s laws and your geographic location relative to the jurisdiction in which the legal precedent was issued (this is explained in detail in my e-book). Practical Considerations: Local officials may not know or understand what legal precedent says about your rights, and may resist your claim even if they do. If you encounter resistance, or if you wish to minimize that possibility up front, consider consulting a knowledgeable attorney. top 

Alan Phillips, Attorney at Law, P.O. Box 3473, Chapel Hill, NC 27515-3473, 919-960-5172