Newborn death highlights need for better understanding of law

A newborn baby was found dead in Winston-Salem in February, apparently abandoned by its mother. The mother was charged with a felony count of concealing a birth. Two other women were similarly charged in 2004. These tragedies occurred despite a state law that allows an overwhelmed mother to surrender her baby anonymously to any adult who appears responsible.

" The risk of homicide on the first day of life is 10 times greater than the rate during any other time of life," said Jo Ann Lamm, chief of child welfare for the N.C. Division of Social Services. "Even since the Safe Surrender Law was passed, healthy babies have died because a frightened and overwhelmed woman tried to hide her newborn baby. If only she knew that she can find a responsible adult to take her child."

[DHHS state employees can help get the word out about the law by downloading flyers from www.safesurrender.net and posting them prominently in the community. Flyers and fact sheets are available in English and Spanish.]

In 2001, the North Carolina General Assembly passed a law making it legal for a parent to surrender a newborn to a responsible adult without fear of criminal prosecution. This was designed to help prevent a postpartum woman who is distraught from endangering her baby.

As the law is written, any responsible adult can receive a newborn under the age of 7 days. A hospital worker, a social worker, a law enforcement officer, or an emergency medical worker are all examples of responsible adults who are familiar with the law and would be appropriate, but “any responsible adult” needs to become familiar with the law as well, because they might also receive a newborn.

An adult who receives the baby is required to keep it safe and warm, and to call 911 or the local department of social services right away. They should know that the surrendering parent is not required to give any identifying information. The goal is to have the baby adopted into a safe and loving home as quickly as possible. The North Carolina Chief Medical Examiner's office reported that between 1999 and 2003, 18 infants died due to abandonment by the parent(s). No official numbers exist regarding the number of safe surrenders, but in 2005, local agencies are aware of five newborns safely surrendered under this law.

Public awareness is crucial to help parents know this option exists, and also to alert the public that receiving a surrendered newborn is legal.

The website – www.safesurrender.net – urges women who are hiding a pregnancy to seek prenatal care and not plan to have a baby in secret. Having a baby alone or with someone who is not medically trained can cause serious injury to the mother and to the baby.

Advice for pregnant and new mothers is available, in English and Spanish, at 1-800-FOR-BABY.

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