Child Abandonment Laws

Where family laws are concerned, the constitution often regards the plaintiff, especially a minor with sensitivity and care. Children often have to face the brunt of broken families, divorces, illegitimate affairs, etc., which leaves them at the mercy of a guardian or parent. But when that person also shrugs off his responsibility, and stops caring for the child, then a case of child abandonment arises. To understand the family laws related to children, let us see the provisions of the legal system in non legal wordage.

Child abandonment is the act of leaving a child below the age of 18 on his/her own, without the supervision of an adult, for a particular period of time, which is considered as inappropriate. An abandoned child is termed as a foundling. If the parent or guardian has no physical contact or communication with the kid during this period, and has given no financial support and has deserted the kid with the intention of forsaking, then the parent is culpable, according to the child abandonment law.

Child and the Law

When a child is observed to be abandoned, the first priority should be to notify the authorities who will bring in social services to ensure his/her safety and well-being. Mostly, an abandoned child is seen wandering around the place of his/her dwelling and behaving peculiarly, which attracts the attention of the neighbors. Child abandonment is a felony and anyone accused of this crime is punishable by law.

When a person is being tried in courts for abandoning a child, the following points are considered, to decide the intensity of his crime.

• The age of the child matters a lot in child abandonment cases as toddlers or babies need constant attention of the guardian and leaving them for even a few minutes unsupervised can lead to bodily harm.
• The health of the child, both physical and mental, is of consequence in child abandonment laws.
• The duration for which the kid is left without parental supervision.
• The place where the child is abandoned. E.g. if a newborn is left in the dumpster by the mother, then she is guilty according to the baby abandonment laws.
• The condition in which the child is abandoned, like if the child is in bounds and kept locked in a room or whether the child is given sufficient food and water to survive on his own.
• Whether any other factor could have endangered the life of the child. For example, leaving a child in a room which is susceptible to fire hazards is a case of gross negligence on the part of the parent.
• If the child was left under the supervision of any other adult and moreover, physical and mental health of that person is assessed, too.
• Whether the parent or guardian was forced to leave the child because of economic problems, health problems or any other problem which made the parent incapable for caring for the child, is also considered.

A person found guilty of deserting a child which resulted in physical injury or mental agony for the child can be charged with the counts of homicide, manslaughter, and aggravated abuse or custodial sentence. Though in many states, baby abandonment is legal, that is, a newborn baby can be deserted by the parent for a period of seven days from the day of his birth in specific locations like hospitals and fire stations. The purpose of baby abandonment laws is to reduce the dangerous abandonment practices which parents are compelled to follow due to their own inadequacy in raising a child.

Child abandonment is governed by the state laws, as every state has different definitions for abandonment, these laws also vary. Gradually, more and more states are looking forward to legalizing abandonment. But few questions still remain unanswered and neglected - whether it is okay for us to bring a child in to this world and shirk the responsibilities of caring for him? How are we able to turn away from our own flesh and blood, leaving him to fend for himself in this harsh and cruel world? Whether there is still a shred of humanity left in us if we can't even raise our own kids and leave them to die?