Michigan's abandoned babies in legal limbo
Associated Press
Twelve babies found safety under a new law allowing parents to leave unwanted newborns at hospitals, fire departments or police stations without legal repercussions, backers say.
The law took effect Jan. 1, 2000. Its goal was to let young parents --often panic-stricken girls, but also fathers -- know they would not be in trouble with the law if they surrendered their baby in a safe place.
The parent would be criminally charged only if there were indications of an accompanying crime, such as child abuse.
``To my knowledge, we have lost no babies as a result of abandonment since the law went into effect,'' Sen. Shirley Johnson, R-Royal Oak, who sponsored the lead bill in the three-bill package, told The Oakland Press for a Tuesday story. ``The whole thing is really pulling together beautifully.''
Family Independence Agency records show 12 babies were placed in adoptive homes last year after being given up under the law.
According to the Detroit Free Press, however, only half of the babies left at hospitals in the past year have been placed in adoptive homes. The others have their cases pending as courts struggle with a father's rights in adoption.
Because mothers who leave their babies are only required to provide a small amount of information about their children and themselves, the court is often unable to contact fathers.
Some judges, attorneys and court officials are calling this a serious short-coming.
``I don't think there is due process of law here,'' Oakland County Circuit Judge Patrick Brenan told the Free Press.
Brenan, who has adjudicated three abandoned baby cases, consistently refused to allow the adoption to proceed, arguing that fathers may be unaware their children have been abandoned.
``I have some concerns about whether fathers have sufficient notice,'' he said. ``A parent's right to parent their child is one of the most sacred rights we have.''
Babies who cannot be quickly adopted must undergo a standard lengthy adoption while living in foster care.
Supporters argue that the law is, nevertheless, an improvement. Before the measure was passed, an estimated 10 to 12 babies were being abandoned each year in Michigan, Johnson said. In several cases, the babies didn't survive.
``The priority here is to save the baby's life by placing them in a safe and secure environment,'' said Johnson. ``Even if Michigan had one abandoned baby because the parents are scared of prosecution, that would be one too many.''
Johnson also questions the right of absent fathers: ``If you've impregnated this woman, why aren't you around?''
Other states that have passed similar laws -- 30 since 1999 -- are also struggling with the issue of fathers' rights.
``This is bad law for father,'' attorney Larry Leving told the Detroit Free Press. ``These laws, right now, are our greatest concern,'' said Leving, who speaks nationally on the issue and is researching cases that could be used to overturn Illinois' abandonment law, which is similar to Michigan's.
The law requires publication of a legal notice stating when and where babies are dropped off, Johnson said. Names are not published, but the system is designed so loved ones can identify the baby through the other information.
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