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Whose Safe Haven? Abandoned Baby Found in St. Louis

Pamela Merritt's picture

The basic facts are shocking and disturbing. A newborn baby boy was found alive in a St. Louis city dumpster on a Monday evening. He was cold but alive. The umbilical cord was still attached. A curious city resident heard the infant's cry, went to investigate and saved a life.

Incidents like this do not happen often but they could happen anywhere. Following the infant's discovery, the media has been exploring the angles from the police department's search for the mother to the flood of prospective adoptive parents contacting child welfare officials. Outraged listeners are calling in to local talk radio stations questioning what kind of woman would leave her infant in a dumpster. They're even more outraged when they discover that Missouri has a Safe Haven, or "baby Moses," law that states that an unharmed newborn, up to 30 days old, may be relinquished to personnel at any medical facility, fire department or police department without punishment for the mother and without automatic termination of parental rights. All states have some version of this Safe Haven or baby Moses law.

This woman had options, many callers say. She could have dropped the baby off at the hospital instead of a dumpster.

My first reaction to this story was concern for the infant and the mother. The newborn is recovering at St. Louis Children's Hospital but the mother has yet to be identified. A person of interest has been identified on surveillance video and witnesses place a woman with blood on her clothing in the vicinity of the dumpster in which the baby was found. Authorities point out that, having recently given birth, the mother may be in need of medical attention too.

Curiosity quickly joined my concern. I volunteer with pregnant teens and young mothers at shelters and yet I was unfamiliar with the specifics of our safe haven law. On the surface, the law appears to do exactly what the title states: provide a safe place for newborns and an option other than abandonment on a doorstep or in a dumpster. But if people only hear about the law when news of an abandoned baby breaks, how significant an impact can the law possibly have and what, if anything, is being done to address the underlying reasons why a woman may find herself needing to give up her baby?

I know from my volunteer experience at emergency shelters that finding a shelter placement is hard. There are long waiting lists at shelters -- not nearly enough shelters -- for pregnant women and new mothers facing domestic violence or unfit home situations. And I also know that the safe haven law is not well publicized, nor are the designated locations.

Yet the benefits of the Safe Haven law seem clear to an outraged public. If a woman finds herself in a desperate situation she can simply go to a designated safe haven and leave her baby, no questions asked. Instead it appears that a woman gave birth alone and then abandoned the infant to a city dumpster. She didn't take advantage of the Safe Haven law and, to many people, that makes her a monster.

Lynn Paltrow, Executive Director of National Advocates for Pregnant Women (NAPW), says that while anything that provides an alternative to punishment is good, Safe Haven laws are necessary because our government is failing its responsibilities to provide for the health and well being of women and families.

"In a sense it seems that these laws become the substitute for universal health care and comprehensive sex education," Paltrow says. "The government won't provide universal health care -- that includes contraception, prenatal care, mental health services, and abortion -- so that women might not need to drop their babies off at fire houses. Moreover, the government funds abstinence-only, shame-based sex education rather than comprehensive sex education that would help prevent unplanned pregnancies and reduce the shame associated with them -- so women might not feel their only option is leaving a child with the local firefighters."

Paltrow points to the fact that Safe Haven or "baby Moses" laws are used to argue against abortion rights. In arguments made on behalf of Jane Roe/Norma McCorvey, when she partnered with anti-abortion groups in an effort to overturn Roe v. Wade, one brief argued that abortion no longer needed to be legal because the burden of unwanted motherhood no longer exists.

"The brief makes it seem that Texas, with its appallingly bad record for providing poor children with health care, with hundreds if not thousands of children languishing in foster care -- will somehow become the great soviet lone-star state that will raise women's children for them," says Paltrow.

Paltrow warns that in South Carolina, the one state that permits prosecution of pregnant women who even risk harm to their viable unborn children, women who take advantage of the Baby Moses law may still be arrested.

Safe Haven laws do not absolve society of our responsibility to women and families. They do not eliminate the need for reproductive justice; instead, they shine a glaring light on the ramifications of the lack of reproductive justice, social support systems and options. Perhaps the question isn't what kind of woman abandons her infant in a dumpster and walks away. The question is what kind of society abandons its responsibility to women and families in favor of Safe Haven laws that do little to create communities that are safe havens themselves.


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2 comments

A lot of people don't know anything about Safe Haven Laws, including many who work in reproductive services. I don't think they even cover SHLs in most sex ed curricula.

Regardless, on the Sex Law Information Center on my web site, for each state I include a summary of the SHL for that state (along with the basic abortion laws, age of consent, marriage ages, etc.).

http://www.caitlainscorner.com/content/section/26/227/

Submitted by Caitlain on May 12, 2008 - 5:16pm.

In central to northern New England we have our 19 year old spokeswoman, sometimes with our 19 year old spokesman, tell millions of radio listeners, and TV viewers, about our Baby Safe Haven laws. Renee Marcou is also an extremely talented singer/songwriter/performer who mixes the message with talk of great music.

The strategy works as we haven't had an abandonment in the states she's working in for over 17 months. Take a look:

Baby Safe Haven spokespeople Renee Marcou and Sebastien Charmant on WCRN, Hank Stolz Experience, May 9, 2008 http://vimeo.com/1006939

Baby Safe Haven spokesperson Renee Marcou on 96.3 The ROSE, Feb. 2008 -- http://vimeo.com/726005

Renee Marcou, singing Collide and two other songs, on Backstage With Barry Nolan on the CN8 Network. Baby Safe Haven spokesperson. - http://vimeo.com/649717

Submitted by Baby Safe Haven on May 12, 2008 - 8:27pm.

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