Wednesday, May 19, 2010

Infant Safe-Haven Laws: Response to Infanticide and Infant Abandonment

Many State legislatures have enacted legislation to address infant abandonment and infanticide in response to a reported increase in the abandonment of infants. One such legislation was enacted in Texas in 1999 called "Baby Moses laws" or infant safe haven laws.

These laws have been enacted as an incentive for mothers in crisis to safely relinquish their babies to designated locations where the babies are protected and provided with medical care until a permanent home is found. Designated locations pertain to police stations, hospitals, rescue squads, and fire houses. These are all typical locations to which the safe haven law applies.

Safe haven laws generally allow the parent, or an agent of the parent, to remain anonymous and to be shielded from prosecution for abandonment or neglect in exchange for surrendering the baby to a safe haven. Currently, there are approximately 47 States and Puerto Rico have enacted safe haven legislation.The focus of these laws is protecting newborns. In approximately 15 States, infants who are 72 hours old or younger may be relinquished to a designated safe haven.

These laws decriminalize the act leaving unharmed infants with statutorily designated private persons so that the child becomes a ward of the state. "Safe Haven" laws typically let parents remain nameless to the court, often using a numbered bracelet system as the only means of linking the baby to the mother. Some States treat safe haven surrenders as child dependency or abandonment, with a complaint being filed for such in juvenile court. The parent either defaults or answers the complaint. Other States treat safe haven surrenders as adoption surrenders, hence a waiver of parental rights.

Depending on the state the age of the baby or child that are accepted into designated safe-haven places could be as little as 72 hours to as old as 18 years old (as in the case of Nebraska). Safe-haven laws have helped infants and children found a home away from home. Without which, they would probably be exposed to environments full of abuses and threats such as in the streets. Safe-haven has provided these vulnerable babies/children who might not have other viable options a chance for better lives.

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