Unmet Needs, Unwanted Persons: A Call for Expansion of Safe Haven Laws.

Legislative strategies for reducing infant abandonment and neonaticide developed in response to a series of sensational cases that occurred in Texas in 1999. The media coverage of these cases implied that the incidence of the crime was increasing, and Texas legislators responded with a law permitting parents to anonymously surrender their newborn at designated locations such as hospitals. This was the first "safe haven" law. Interest peaked nationwide, and by 2008 all states had a similar version of the law. These laws can trigger rapid cessation of parental rights and a fast-tracked adoption to a preapproved family, reflecting the legislators' assumption that it is better to permit struggling mothers to leave their children with well-intentioned strangers than to abandon the children or end their lives. These laws, however, suffer from several inadequacies.

Children abandoned and taken back: children, women, and families in dire straits in Lyon in the nineteenth century.

Abandoning a child was no rare deed in European towns in the nineteenth century, mostly among single women in underprivileged environments. On the other hand, taking this same child back was more unusual. By analyzing the registers of the Lyon hospitals, it is possible to determine the percentage of children taken back by their mothers, how this was actually achieved, and to examine the family status of the mothers at the time of both events. Both of these acts -- abandoning a child and then taking it back -- can be put back in their context in these women's lives, for instance, by looking into the length of time separating the two procedures. To finish with, it appears that the 'Hospices civils de Lyon' encouraged mothers to take the children back and generally had a conciliatory attitude toward them, supposedly in the children's interest.

The other woman and her child: extra-marital affairs and illegitimacy in twentieth-century Britain.

This article investigates the numbers of 'other women' and their children up until the 1960s in Britain. It analyses 'irregular and illicit unions' in the records of the National Council for the Unmarried Mother and her Child (now One Parent Families/Gingerbread), and explores evidence on these unions in the debates over the passage of the Divorce Acts of 1923 and 1937 as well as the Legitimacy Acts of 1926 and 1959. It suggests that the prevalence of illicit unions throughout the twentieth century and before allows us to question contemporary concerns about our supposed 'divorcing society' and the decline of family life in modern Britain.

[Babyboxes in the Czech Republic--what next?]. / Babyboxy v Ceské republice--jak dál?

Though from the perspective of history babyboxes are not new phenomenon, their present existence, however, brings many problems, either in terms of Pediatry and neonatology, or because of their social, ethical and also legislative issues. The authors provide an overview of the arguments proponents of babyboxes with their critical analysis, then provide arguments against placing babyboxes and then summarize the experience with their operation in the Czech Republic. In conclusion, authors present a list of recommendations to improve the current bad situation.

Abandoned in Brussels, delivered in Paris: long-distance transports of unwanted children in the eighteenth century.

The study uses examinations and other documents produced in the course of a large-scale investigation undertaken by the central authorities of the Austrian Netherlands in the 1760s on the transportation of about thirty children from Brussels to the Parisian foundling house by a Brussels shoemaker and his wife. It combines the rich archival evidence with sparse indications in the literature to demonstrate that long-distance transports of abandoned children were a common but historiographically neglected by-product of the ambiguities of foundling policies in eighteenth-century Europe and provides insight into the functioning of the associated networks and the motives of parents, doctors, midwives, transporters, and local officials involved.

Safe haven laws as crime control theater.

OBJECTIVES: This article examines safe haven laws, which allow parents to legally abandon their infants. The main objective is to determine whether safe haven laws fit the criteria of crime control theater, a term used to describe public policies that produce the appearance, but not the effect, of crime control, and as such are essentially socially constructed "solutions" to socially constructed crime "problems." METHODS: The analysis will apply the principles of crime control theater to safe haven laws. Specifically, the term crime control theater applies to laws that are reactionary responses to perceived criminal threats and are often widely supported as a way to address the crime in question. Such laws are attractive because they appeal to mythic narratives (i.e., saving an innocent child from a predator); however they are likely ineffective due to the complexity of the crime. These laws can have deleterious effects when policymakers make false claims of success and stunt public discourse (e.g., drawing attention away from more frequent and preventable crimes). This analysis applies these criteria to safe haven laws to determine whether such laws can be classified as crime control theater. RESULTS: Many qualities inherent to crime control theater are present in safe haven laws. For example, the laws are highly publicized, their intentions lack moral ambiguity, rare cases of success legitimize law enforcement and other agencies, and they appeal to the public sense of responsibility in preventing crime. Yet the goal of saving infant lives may be unattainable. These qualities make the effectiveness of the laws questionable and suggest they may be counterproductive. This analysis determined that safe haven laws are socially constructed solutions to the socially constructed problem of child abandonment. CONCLUSIONS: Safe haven laws are appropriately classified as crime control theater. It is imperative that further research be conducted to examine the effectiveness and collateral effects of safe haven laws. PRACTICAL IMPLICATIONS: Longitudinal studies and a nationwide database to better determine the effectiveness of safe haven laws are suggested. It is also crucial that agencies implementing SHLs closely monitor the reasons parents abandon their children, and adopt policies that re-focus the attention safe haven laws receive to address more frequent causes of harm to infants.

Misclassification bias and the estimated effect of parental involvement laws on adolescents' reproductive outcomes.

OBJECTIVES: We evaluated the presence of misclassification bias in the estimated effect of parental involvement laws on minors' reproductive outcomes when subjection to such laws was measured by age at the time of pregnancy resolution. METHODS: Using data from abortion and birth certificates, we evaluated the effect of Texas's parental notification law on the abortion, birth, and pregnancy rates of adolescents aged 17 years compared with those aged 18 years on the basis of age at the time of pregnancy resolution and age at conception. RESULTS: On the basis of age at the time of the abortion or birth, the law was associated with a fall of 26%, 7%, and 11% in the abortion, birth, and pregnancy rates, respectively, of 17- relative to 18-year-olds. Based on age at the time of conception, the abortion rate fell 15%, the birth rate rose 2%, and the pregnancy rate remained unchanged. CONCLUSIONS: Previous studies of parental involvement laws should be interpreted with caution because their methodological limitations have resulted in an overestimation of the fall in abortions and underestimation of the rise in births, possibly leading to the erroneous conclusion that pregnancies decline in response to such laws.

The number of illegally abandoned and legally surrendered newborns in the state of Texas, estimated from news stories, 1996-2006.

In 1999, Texas was the first of 47 states to pass a Safe Haven law allowing for the anonymous surrender of unwanted newborns at designated locations. However, state agencies do not systematically collect data on the number of illegally abandoned infants and infants legally surrendered under the law. Using the LexisNexis database of Texas newspapers, this study estimated the number of illegally abandoned and legally surrendered newborns younger than age 60 days in Texas, 1996 to 2006 and describes their demographic characteristics. Of 93 infants (53% male) identified during the study period, 82 were illegally abandoned (70% found alive) and 11 were legally surrendered. On average, 7.5 (range: 4-16) infants were illegally abandoned each year, with the greatest number found in 1999. Infants continued to be illegally abandoned following passage of the Safe Haven law. A statewide surveillance system should be implemented to evaluate this important public health problem.

Congenital disabilities and the law.

This article describes the evolution and stutter steps in the legal developments surrounding the controversial claims for "wrongful conception," "wrongful birth," and "wrongful life." These claims arise from negligence in a failed vasectomy/tubal ligation resulting in an unwanted pregnancy and from negligence in failing to perform or properly interpret genetic testing resulting in the inability of parents to make an informed decision whether to terminate a pregnancy where a child would be, and ultimately is, born with serious genetic defects.

Filicidal mothers and the impact of psychosis on maternal filicide.

The objective of this study was to examine a sample (n = 55) of filicidal mothers to compare those with and without psychotic symptoms at the time of the filicide. Clinical data were gathered through retrospective chart review of filicidal women referred for criminal responsibility/competence to stand trial evaluations from 1974 to 1996 at Michigan's Center for Forensic Psychiatry. Most (52.7%) women had psychotic symptoms at the time of filicide. Women with psychosis were more likely than those without to have a history of substance abuse; to have past and ongoing psychiatric treatment; and to be older, unemployed, more educated, and divorced or separated. They were less likely to be first time mothers or to have had prior contact with Children's Protective Services. The psychotic mothers more often confessed, attempted suicide at the time of the filicide, used weapons, killed multiple children, and expressed homicidal thoughts and/or concerns about their children to psychiatrists and family before the filicide. Psychotic women were as likely as nonpsychotic women to have used alcohol or illegal drugs at the time of the filicide.

Wrongful death claims. Harriton v Stephens. [2002] NSWSC 461. Edwards v Blomeley. [2002] NSWSC 460. Waller v James [2002] NSWSC 462.

Studdert J in all three cases went to great length to summarise the global judicial position of "wrongful life" claims. He did not, however, examine in great length how or whether "wrongful life" claims or "wrongful birth" claims are reconcilable with tort and common law principles. Although the cases identify the difficulty in assessing and quantifying damages, they do not directly address the strict legal principles which apply in the assessment of damages. The main conclusion of the three judgments was that no duty of care is owed to the plaintiff in these circumstances and, even if a duty could be established, the impossibility of quantifying damages and public policy considerations warrant the rejection of such a claim: "thus conscience does make cowards of us all." The significance of the decisions cannot be understand. The decisions deny recognition of "wrongful life" claims in circumstances where a disabled person has incurred injuries en ventre sa mere (in the mother's womb) as a result of infections contracted by a plaintiff's mother or genetic material passed on by a plaintiff's parents. Some countries have now legislated for the abolition of "wrongful life and birth" suits. In January 2002 the French legislature passed a Bill overturning the "wrongful life" decision of the Cour de Cassation in Perruche (17 November 2000). As the issue now falls for ultimate determination by the French Senate, the French pro-life movement continues to lobby for the prohibition of "wrongful birth" suits as well. Furthermore, eight States in the United States have prohibited either one or both actions and the State of Michigan prohibited both actions in 2001. It is likely that all three cases will be appealed. The appeal in Harriton will re-examine the viability of a "wrongful life" claim in Australia whereas the cases of Edwards and Waller still need to determine the "wrongful birth" claims brought by the plaintiffs' parents. It is likely that the latter two cases will not be determined until the High Court has considered the Queensland "wrongful birth" case of Melchior v Cattanach, expected to be late in 2002.

A critique of the motivational analysis in wrongful conception cases.

Most states now recognize a tort cause of action for wrongful conception, typically resulting from a failed sterilization. States differ, however, in determining whether damages should be awarded for child-rearing expenses and what factors juries can consider in setting such damage awards. This Note argues that one commonly used factor, the parents' motivation for selecting sterilization, is irrelevant and leads to inequitable results. Since the right to use contraception is constitutionally protected, the choice to sterilize in order to avoid financial burdens associated with child-rearing should not be given preferential treatment to sterilizations motivated by concerns of genetic defects or for the mother's health.