Abandoned Baby Legislation: The States' Response to Parental Divestment

21 Pages Posted: 13 Aug 2009 Last revised: 28 Aug 2009

Date Written: 2009

Abstract

In response to the increased number and awareness of abandoned babies nearly ten years ago, many U.S. states have passed laws enabling parents to abandon their infants anonymously and with immunity from prosecution. This paper argues that states that adopted this response not only failed to examine the context in which mothers decide to abandon their children, it is not clear at all that these laws have actually decreased the occurrence of infant abandonment. Both historical analysis of child abandonment and an evolutionary perspective suggest that such policies may instead encourage ambivalent or struggling parents to terminate their parental investment in their children by providing a legal mechanism to do so. While it is certainly admirable that states are trying to prevent these types of tragedies, they should also more closely examine the environmental and social contexts in which mothers decide to abandon their babies. In most cases, these mothers are young and unable to care for their babies. Not only may they lack the resources to care for themselves and their newborns, they may also lack the support of the baby's father or their own families. These factors call for greater social services for these mothers to support their efforts as parents. Therefore, the states have embraced these safe haven laws for babies as an inexpensive and popular solution to this problem instead of addressing the problems and circumstances that lead women to abandon their infants.

Suggested Citation

Liesen, Laurette T., Abandoned Baby Legislation: The States' Response to Parental Divestment (2009). APSA 2009 Toronto Meeting Paper, Available at SSRN: https://ssrn.com/abstract=1451866

Laurette T. Liesen (Contact Author)

Lewis University ( email )

One University Parkway
Romeoville, IL 60446
United States

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