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Baby Abandonment Bills

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AB 1764 and SB 1368 are identical bills, introduced by Senator Jim Brulte and Assemblyman Ken Maddox, that would amend present California law to allow mothers to anonymously leave their babies at emergency rooms and police and fire stations. Current law forbids such abandonment. On their face, the intent of these bills is laudable: to decrease endangerment, injury and death to infants abandoned in public restrooms, dumpsters and fields.

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Unfortunately these bills, based on a Texas statute enacted on January 9, are poorly considered and extremely slippery. The law would allow anyone claiming to be the infant's mother to abandon it legally up to 30 days after the baby's birth, no questions asked.

There is no funding allocated in these bills to publicize the new baby drop-off locations to the target populations they intend to serve, so it's unclear how it's supposed to help. It is clear that adoption professionals will be well versed in its finer points should it pass. There are no services, medical or psychological, provided to women in crisis who use the new baby drop-off centers. Identity is an internationally recognized human right. Countries that have tacitly approved legalized abandonment have done so during periods of war or severe societal instability. California - and the rest of the U.S. - is in no such period. The Department of Health and Human Services has produced statistics showing that in 1998 no more than 150 infants were abandoned nationwide in the manner this law intends to address. No infant deserves to be left in a dumpster, but these laws, as written, are unproven and radical solutions, which open incredible areas of potential abuse.

California is not alone in considering such laws. Similar legislation was introduced in Kentucky last week, Alabama is considering one, and as other state legislatures reconvene after winter break, we will probably see more. These are "feel good" laws that few will stand against for fear of appearing to promote infanticide.

Please write your state representatives and voice your concerns with these laws. The media have presented these laws as the best way to deal with infant abandonment, but they need work. Let your reps know that.

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