Do you suppose a father could legally abandon a baby if he couldn't or didn't want to keep it?

Question

Let's say the mother dies during childbirth, and the father doesn't have the means to care for the baby.

Could he leave it in a basket in front of the local firehouse without fear of being prosecuted?

Answer 1

The Abandoned Baby Act was designed to save the lives of newborns. Parents could, for whatever reason, leave their newborn baby at a hospital, police station or a fire station, so long as the baby was not harmed in any way. The parent can choose to leave medical information about the baby, or not. There are no questions nor prosecution for leaving the child in the appropriate place.

A problem may come in if the parents are not married.  If a couple is unmarried often times paternity must be established, it's not assumed. In this scenario a man may not be legally considered the father (parent). I am unaware of the effect, if any, this would have on The Abandoned Baby Act.

I will look further into this scenario to see if I can provide more accurate information.

Answer 2

"§ 262.302.  ACCEPTING POSSESSION OF CERTAIN ABANDONED[0]

CHILDREN[0].  (a)  A designated emergency infant care provider shall,

without a court order, take possession of a child who appears to be

60 days old or younger if the child is voluntarily delivered to the

provider by the child's parent and the parent did not express an

intent to return for the child.

(b)  A designated emergency infant care provider who takes

possession of a child under this section has no legal duty to detain

or pursue the parent and may not do so unless the child appears to

have been abused or neglected.  The designated emergency infant

care provider has no legal duty to ascertain the parent's identity

and the parent may remain anonymous.  However, the parent may be

given a form for voluntary disclosure of the child's medical facts

and history."

Answer 3

I would say the father should first ask his family and the family of the baby's mother if they wish to keep the baby and care for it before he abandons it.

Answer 4

Then the hospital will take care of getting the baby to an orphanage, silly.  They're not going to hand over a child to someone who is unable to care for it.  If the child was born at home, the father has a responsibility to take it to somewhere where it can be cared for, whether it be to another family member or to a hospital or orphanage or just the police station.

Answer 5

Well. based on the vast majority of deadbeat parents being fathers, I think an awful lot of men are getting away with abandoning their babies by the hundreds of thousands every day, and without respect whatsoever for the law or the rest of us who have to support those children as tax-payers.  And, depending on the state, it most certainly is legal for a father to abandon a baby who is in his legal custody at a firehouse, police station, school or hospital, any place where legal authority can step in and protect the child immediately.  

Answer 6

Wouldn't it be much better to use the more humane processes of giving the baby up for adoption? I'm not sure I much care about the legalities. My personal ethics are appalled about leaving the child's welfare to chance out in the elements. Especially when the more honest adoption process is so readily available.