An independent voice for ethical adoption
Safe Haven for Whom?
An Ethica position paper
“Safe haven” or legalized abandonment laws have recently been passed or proposed in virtually every state. The legislation varies by state, but the basic premise remains the same in that it makes it legal for a baby to be abandoned in a “safe place” as designated by the law. Most laws stipulate that as long as the baby is not harmed in any way, the mother or father abandoning the infant will not be prosecuted. The range of time for legal abandonment varies from 3 to 30 days after birth.
Such laws became prominent after several heavily publicized cases in which new mothers killed their newborns or abandoned them in unsafe locations. It was thought that if the parents had the alternative of anonymous abandonment, they might choose it over other, more dangerous actions. As such, these laws are well-intentioned. However, even well-intentioned laws can have unintended consequences.
Like much hastily passed legislation motivated by good intentions, these laws sound better in theory than they have played out in practice. In fact, there is no evidence that such laws actually save lives or result in babies being abandoned in a safer manner. Babies are still being illegally abandoned in dumpsters, restrooms or other unsafe locations despite the publicity that these laws have received. Parents who are facing a crisis pregnancy and who would respond to that crisis with denial, hiding their pregnancy and discarding the baby upon birth, will likely still do so because they lack the resources and ability to respond otherwise and thus act impulsively. They are unlikely to think ahead and seek out a safe place to abandon a child any more than they would have made a well-considered choice of adoption for their child. Therefore, these laws are extremely unlikely to be used by those for whom they were intended.
Furthermore, these laws do nothing to address the crisis situations birth parents are faced with that lead them to take such desperate measures in the first place. Instead, the laws are far more likely to be used by those who would not have otherwise abandoned a child or by those who unscrupulously want to avoid a paper trail for reasons that have nothing to do with child welfare.
In the worst of cases, these laws have the unintended effect of aiding those who would abandon a baby for nefarious reasons rather than be accountable for their actions. There are no safeguards to ensure that the person abandoning the child is actually the mother or father of the child. The child could be abandoned by a controlling grandparent or an abusive boyfriend. Anyone who wanted to avoid the carefully crafted adoption laws of a state, or who does not want to be held accountable to birthparents or prospective adoptive parents, can use “safe haven” laws to operate without legal oversight.
In some cases, parents who may have chosen adoption for their child might use these laws instead, reasoning that the child will still be adopted, and that no one will know of their decision. However, a mother could abandon a baby without the consent of the father, who might have chosen to parent the child or to have the child cared for by family members.
In addition, the children themselves have rights. Indeed, international treaties such as the Convention on the Rights of a Child and the Hague Convention assert that countries have responsibilities to ensure that a child’s identifying information is protected and that children grow up in their families of birth wherever possible. Children who are deprived of access to information regarding their families, their heritage, their culture, and the circumstances surrounding their birth are being denied basic human rights. In addition, medical history and medical records, including important genetic information, is lost forever. Laws which discourage the careful consideration of these rights are harmful to the child.
Abandonment also prevents children from starting life with an adoptive family in a way that is best for them. With no legally signed relinquishments, the process that allows them to become legally free for adoption can take months, putting strain on the prospective adoptive family, who may become hesitant to bond to a child who may be removed from them at any time.
In the long term, it should be noted that a great majority of birthparents, while perhaps wanting to keep details of the pregnancy private from third parties, are not looking for future anonymity from the child. Anonymous abandonment does not allow for the possibility of a future relationship as adults if both parties were to choose it.
While proponents argue that even one life saved makes these laws valuable, care must be taken to ensure that hundreds of lives not be adversely affected by ill-conceived efforts which have unintended consequences. Immense amounts of money and effort are being spent to advertise and promote “safe haven” laws. If these resources were expended on education and counseling for birth parents, the children who might be abandoned could reap the benefits of well-considered decisions which lead to permanency. Even better, the parents who feel they have no options might receive the assistance and resources they need to stabilize their lives and allow them to parent their children themselves.
For more safe haven information, visit the Safe Haven Page
LGBT Adoptions Conference
Newsletter
Information
Learn More
Can You Help?
Connect With Us
Follow Us
