Child abandonment is the practice of relinquishing interests and claims over one's offspring in an illegal way, with the intent of never resuming or reasserting guardianship. The phrase is typically used to describe the physical abandonment of a child, but it can also include severe cases of neglect and emotional abandonment, such as when parents fail to provide financial and emotional support for children over an extended period of time. An abandoned child is referred to as a foundling. Baby dumping refers to parents leaving a child younger than 12 months in a public or private place with the intent of terminating their care for the child. It is also known as rehoming when adoptive parents use illegal means, such as the internet, to find new homes for their children. In the case where child abandonment is anonymous within the first 12 months, it may be referred to as secret child abandonment.
Emancipation of minors is a legal mechanism by which a minor before attaining the age of majority is freed from control by their parents or guardians, and the parents or guardians are freed from responsibility for their child. Minors are normally considered legally incompetent to enter into contracts and to handle their own affairs. Emancipation overrides that presumption and allows emancipated children to legally make certain decisions on their own behalf.
A baby hatch or baby box is a place where people can bring babies, usually newborn, and abandon them anonymously in a safe place to be found and cared for. This kind of arrangement was common in the Middle Ages and in the 18th and 19th centuries, when the device was known as a foundling wheel. Foundling wheels were taken out of use in the late 19th century, but a modern form, the baby hatch, began to be introduced again from 1952 and since 2000 has come into use in many countries, most notably in Pakistan where there are more than 300. They can also be found in Germany, where there are around 100, Czech Republic (76) and Poland (67).
The National Parents Organization (NPO) is a 501(c)(3) non-profit charitable and educational organization in the United States that promotes shared parenting. The organization focuses on family court reform, research, and public education with the goal to make shared parenting the general norm for separated parenting.
Troxel v. Granville, 530 U.S. 57 (2000), is a case in which the Supreme Court of the United States, citing a constitutional right of parents to direct the upbringing of their children, struck down a Washington law that allowed any third party to petition state courts for child visitation rights over parental objections.
The tender years doctrine is a legal principle in family law since the late 19th century. In common law, it presumes that during a child's "tender" years, the mother should have custody of the child. The doctrine often arises in divorce proceedings.
A prison nursery is a section of a prison that houses incarcerated mothers and their very young children. Prison nurseries are not common in correctional facilities in the United States, although prior to the 1950s many states had them and they are widespread throughout the rest of the world.
The Indian Child Welfare Act of 1978 is a United States federal law that governs jurisdiction over the removal of American Indian children from their families in custody, foster care and adoption cases.
Neonaticide is the deliberate act of a parent murdering their own child during the first 24 hours of life. As a noun, the word "neonaticide" may also refer to anyone who practices or who has practiced this.
United States v. Comstock, 560 U.S. 126 (2010), was a decision by the Supreme Court of the United States, which held that the federal government has authority under the Necessary and Proper Clause to require the civil commitment of individuals already in Federal custody. The practice, introduced by the Adam Walsh Child Protection and Safety Act, was upheld against a challenge that it fell outside the enumerated powers granted to Congress by the Constitution. The decision did not rule on any other aspect of the law's constitutionality, because only the particular issue of Congressional authority was properly before the Court.
In the United States of America, the putative father registry is a state level legal option for unmarried men to document through a notary public any woman they engage with in intercourse, for the purpose of retaining parental rights for any child they may father.
Coin-operated-locker babies or coin-locker babies are victims of child abuse often occurring in Japan, in which infants are left in public lockers. There are two main variables that account for the differences in frequency and the type of these child abuse cases: social and economical. Predominantly neonates and male babies, the murder of infants became a form of population control in Japan, being discovered 1–3 months after death, wrapped in plastic and appearing to have died of asphyxiation. The presumption is that such lockers are regularly checked by attendants and the infant will be found quickly; however, many children are found dead. Between 1980 and 1990, there were 191 reported cases of infants which died in coin-operated lockers, which represents about six percent of all infanticides during that period.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Nebraska may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Nebraska, and same-sex marriage has been recognized since June 2015 as a result of Obergefell v. Hodges. The state prohibits discrimination on account of sexual orientation and gender identity in employment and housing following the U.S. Supreme Court's ruling in Bostock v. Clayton County and a subsequent decision of the Nebraska Equal Opportunity Commission. In addition, the state's largest city, Omaha, has enacted protections in public accommodations.
Until 2017, laws related to LGBTQ+ couples adopting children varied by state. Some states granted full adoption rights to same-sex couples, while others banned same-sex adoption or only allowed one partner in a same-sex relationship to adopt the biological child of the other. Despite these rulings, same-sex couples and members of the LGBTQ+ community still face discrimination when attempting to foster children.
Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013), was a decision of the Supreme Court of the United States which held that several sections of the Indian Child Welfare Act (ICWA) do not apply to Native American biological fathers who are not custodians of a Native American child. The court held that the procedures required by the ICWA to end parental rights do not apply when the child has never lived with the father. Additionally, the requirement to make extra efforts to preserve the Native American family also does not apply, nor is the preferred placement of the child in another Native American family required when no other party has formally sought to adopt the child.
Stanley v. Illinois, 405 U.S. 645 (1972), was a landmark United States Supreme Court case in which the Court held that the fathers of children born out of wedlock had a fundamental right to their children. Until the ruling, when the mother of a child born out of wedlock was unable to care for the child, through death or other circumstances, the child was made a ward of the state and either placed in an orphanage or foster care or for adoption.
Raymond W. Godwin is an adoption attorney based in South Carolina.
An anonymous birth is a birth where the mother gives birth to a child without disclosing her identity, or where her identity remains unregistered. In many countries, anonymous births have been legalized for centuries in order to prevent formerly frequent killings of newborn children, particularly outside of marriage.
Santosky v. Kramer, 455 U.S. 745 (1982), is a Supreme Court case involving the burden of proof for the revocation of parental rights. The case arose when the Ulster County, New York, Department of Social Services sought to revoke John Santosky II and Annie Santosky's parental rights to their three children. Under Section 622 of the New York State Family Court Act, the state was permitted to revoke parental rights to a natural child if, after a fair preponderance of the evidence, a court found "permanent neglect." The New York State Family Court found such neglect by using the "fair preponderance" standard. The Appellate Division of the New York Supreme Court upheld the constitutionality of the burden of proof used.
Safe Haven Baby Boxes (SHBB) is a non-profit organization that provides a safe and legal alternative to abandoning newborn babies. This organization, founded by Monica Kelsey in 2015, installs specialized baby boxes at designated secure locations where parents can safely surrender their newborns, ensuring their well-being and reducing the risk of harm or abandonment.
