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Child abandonment is the practice of relinquishing interests and claims over one's offspring in an extralegal way with the intent of never again resuming or reasserting guardianship over them.[1] Typically the phrase is used to describe the physical abandoning of a child, but it can also include severe cases of neglect and emotional abandonment, such as in the case of a parent who fails to offer financial and emotional support for his or her child over a long period of time.[1]

Child abandonment is when a parent or guardian knowingly leaves a child without supervision, and failing to maintain contact with the child for a specific period of time. This puts the child at risk of physical health, mental health, safety, or welfare. Child abandonment usually involves physical abandonment, which can be leaving a child on a doorstep. Emotional abandonment, which can be a parent constantly working with no physical contact or emotional support for a periods of time.[2]

History

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Historically, many cultures practiced abandonment of infants, often called "infant exposure." Children were left on hillsides, in the wilderness, near churches, and in other public places. If taken up by others, the children might join another family either as slaves or as free family members. Roman societies in particular chose slaves to raise their children rather than family members, who were often indifferent towards their children.[3] Although being found by others would allow children who were abandoned to often survive, exposure is sometimes compared to infanticide—as described by Tertullian in his Apology: "it is certainly the more cruel way to kill... by exposure to cold and hunger and dogs." Despite the comparison, other sources report that infanticide and exposure were viewed as morally different in ancient times.[4]

Historically, many cultures practiced abandonment of infants, often called "infant exposure." Children were left on hillsides, in the wilderness, near churches, and in other public places. If taken up by others, the children might join another family either as slaves or as free family members. Roman societies in particular chose slaves to raise their children rather than family members, who were often indifferent towards their children.[3] Although being found by others would allow children who were abandoned to often survive, exposure is sometimes compared to infanticide, which is typically when women kill their biological child, usually under the age of twelve months. Judge LJ referred to the Infanticide Act 1938 as categorizing it as a partial defense to a murder or manslaughter, and a distinct homicide offense.[5]


Early Modern Europe saw the rise of foundling homes and increased abandonment of children to these homes. These numbers continued to rise and peaked when 5% of all births resulted in abandonment in France around 1830. The national reaction to this was to limit the resources provided by foundling homes and switch to foster homes instead such that fewer children would die within overcrowded foundling homes during infancy. As access to contraception increased and economic conditions improved in Europe towards the end of the 19th century the numbers of children being abandoned declined.[6]

Early Modern Europe saw the rise of foundling homes and increased abandonment of children to these homes. In 1861 the Offenses Against the Person Act in England was referred to cases where a child under the age of two was abandoned, but had no physical injuries. If the child had no physical injuries, then the mother would not be convicted. Instead, the mother would get sympathy for her actions and encourage the woman to get social assistance on how to be a mother. If a mother abandoned an older child, it was seen as cruelty in terms of law and public opinion.[7] These numbers continued to rise and peaked when 5% of all births resulted in abandonment in France around 1830. The national reaction to this was to limit the resources provided by foundling homes and switch to foster homes instead such that fewer children would die within overcrowded foundling homes during infancy. As access to contraception increased and economic conditions improved in Europe towards the end of the 19th century the numbers of children being abandoned declined.[8] In the eighteen century in Paris, France, legal adoption for abandoned children did not exist, but institutions for them did. Paris was on of the few places that provided institutions for abandoned children. The children were seen as an economic burden, and the rates increased by 25% because people would transport the unwanted children to Paris's institutions. This mass increase made the institutions inadequate. The Christian society had full responsibility for abandoned children, and perceived this issue as sacrilegious and criminal. The Decree of 1811 to place, which was the culmination of the gradual recognition of problems and responsibilities for abandoned children from the church to the state; gave full control to the local departmental governments of child abandonment. State officials began to codified time-honored practices, like anonymous abandonment at an institution. The business for caring for unwanted children was nationalized. [9]

State Programs for Facilitating Anonymous Child Abandonment

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. Safe Haven Laws allow parents of a child, typically a newborn child but age can vary, to abandon the child at a place of local authority such as a hospital, fire station, or police station with no further question. Some states allow the parent to reclaim the child within a certain timeframe. Safe Haven Laws passed in the United States in 1999 and have since been adopted in Canada, Japan, France, and Slovakia. It is debated if safe haven laws prevent child abandonment or neonaticide. As with baby boxes, one study suggests that mothers in rural areas are not willing to travel to abandon their children and would not be willing to travel to a hospital to do so.[10] As of 2017, 3,317 babies have been surrendered via safe haven laws in the United States.[11]

Safe Haven Laws allows parents of a newborn whose usually 74 hours or 30 days old to be dropped off at any local authority including a hospital, fire station, or police station. The authorities will call social services to take in the newborn. This gives the idea for women to be discouraged from killing their newborn.[12] Some states allow the parent to reclaim the child within a certain timeframe. Safe Haven Laws passed in the United States in 1999 and have since been adopted in Canada, Japan, France, and Slovakia. It is debated if safe haven laws prevent child abandonment or neonaticide. As with baby boxes, one study suggests that mothers in rural areas are not willing to travel to abandon their children and would not be willing to travel to a hospital to do so.[10] As of 2017, 3,317 babies have been surrendered via safe haven laws in the United States.[11]

  1. ^ a b "Child Abandonment - FindLaw". Findlaw. Retrieved 2018-03-07.
  2. ^ Child Abandonment. (n.d.). Retrieved 2018, from https://criminal.findlaw.com/criminal-charges/child-abandonment.html
  3. ^ a b Schweder, Richard (2009). The Child: An Encyclopedic Companion. University of Chicago Press. pp. 1–3. ISBN 9780226475394.
  4. ^ Boswell, John Eastburn (1984). "Expositio and Oblatio: The Abandonment of Children and the Ancient and Medieval Family". The American Historical Review. 89 (1): 10–33. doi:10.2307/1855916. JSTOR 1855916.
  5. ^ Loughnan, A. (2012). The ‘Strange’ Case of the Infanticide Doctrine. Oxford Journal of Legal Studies, 32(4), 685–711. Retrieved from https://login.cyrano.ucmo.edu/login?url=http://search.ebscohost.com.cyrano.ucmo.edu:2048/login.aspx?direct=true&db=bth&AN=83932823&site=ehost-live
  6. ^ Schweder, Richard (2009). The Child: An Encyclopedic Companion. University of Chicago Press. pp. 1–3. ISBN 9780226475394.
  7. ^ O'Donovan, K. (2002). "Real" Mothers for Abandoned Children. Law & Society Review, 36(2), 347-378. doi:10.2307/1512180
  8. ^ Schweder, Richard (2009). The Child: An Encyclopedic Companion. University of Chicago Press. pp. 1–3. ISBN 9780226475394.
  9. ^ Fuchs, R. G. (1984). Abandoned Children : Foundlings and Child Welfare in Nineteenth-century France. Albany: State University of New York Press. Retrieved from https://login.cyrano.ucmo.edu/login?url=http://search.ebscohost.com.cyrano.ucmo.edu:2048/login.aspx?direct=true&db=e000xna&AN=7360&site=ehost-live
  10. ^ a b Child abandonment and its prevention in Europe. Institute of Work, Health and Organisations. Nottingham: University of Nottingham. 2012. ISBN 9780853582861. OCLC 935864111.{{cite book}}: CS1 maint: others (link)
  11. ^ a b "Save Abandoned Babies | The Save Abandoned Babies Foundation". saveabandonedbabies.org. Retrieved 2018-03-08.
  12. ^ Sanger, C. (2006). Infant safe haven laws: Legislating in the culture of life. Columbia Law Review 106(4), 753-829.