From time to time I receive questions about Kansas’s “safe haven” law. In a nutshell, the safe haven law allows a parent to abandon a child without being criminally prosecuted for abandonment legally. I will explain this in more detail below and have cited the relevant passages from the applicable statutes, but I want to underscore an important point before any further explanation. While Kansas does have a safe haven law, it is far better for the biological parents and the child to go through a traditional adoption process rather than simply leaving a baby on the hospital’s doorstep.
If you are considering relinquishing your custody of your child and want to explore adoption, call McDowell chartered. Attaining the help of an experienced Kansas adoption attorney can help you navigate this process—call McDowell Chartered at (316)-269-0746 to get the advice you need.
Abandonment
Normally, if a biological parent or anyone else with legal custody of a child intentionally abandons the child, it is a felony in Kansas:
Abandonment of a Child
(a) Abandonment of a child is the leaving of a child under the age of 16 years, in a place where such child may suffer because of neglect, by the parent, guardian or other person to whom the care and custody of such child shall have been entrusted, when done with intent to abandon such child.
Abandonment of a child is a severity level 8, person felony.
(b) No parent or other person having lawful custody of an infant shall be prosecuted for a violation of this section if such parent or person surrenders custody of an infant in the manner provided by K.S.A. 38-15,100, and amendments thereto, and if such infant has not suffered bodily harm.
Accordingly, if you leave your 10-year-old at the mall and never come back for him, you are committing a crime. You likely noted, however, that the law allows for an infant to be abandoned in a manner prescribed by another law; if a parent abandons an infant in conformity with that law, it is not a crime. That law is the Kansas safe haven law.
The Kansas Safe Haven Law
If a parent cannot handle the pressure of parenthood, he or she may locate a safe haven establishment—usually an institution such as a fire station or hospital designated with a “safe haven” sign out front. The parent cannot just leave the child on the doorstep; instead, the parent must leave the child with a responsible employee. Here is the applicable part of the Kansas safe haven law:
Article 22: Revised Kansas Code For Care Of Children
…
(b) A parent or other person having lawful custody of an infant who is 45 days old or younger and which has not suffered bodily harm may surrender physical custody of the infant to any employee who is on duty at a fire station, city or county health department or medical care facility.
Accordingly, a parent will not be prosecuted for abandonment if he or she drops off an infant less than 45 days old at a safe haven location such as a fire station or hospital. An important exception is that the child must not have been abused; a parent who drops off an abused child may still be prosecuted for abandonment and the underlying abuse.
Why You Should Not Use the Safe Haven Law
The Kansas safe haven law is a noble attempt to prevent tragedies such as parents killing their infants or leaving them in unsafe situations rather than take on the responsibility of caring for the child. In those dire situations, the safe haven law is a reasonable course of action. However, the vast majority of situations where parents want to relinquish their parental rights are not that dire. In the vast majority of cases, adoption remains a much more reasonable option.
First, the safe haven rule does mean that that the parent can walk away from the abandoned child and no questions will be asked. Rather, the parent can expect an investigation and turmoil surrounding the abandonment. There will be no anonymity. Adoption, by comparison, can allow for either anonymity or an ongoing relationship with the adoptive family. There can also be the financial help to lessen the financial burden of the pregnancy. In short, an open or closed adoption remains a much more attractive option for parents considering relinquishing their parental rights.
What Should I Do If I am Considering Putting My Child Up for Adoption in Kansas?
Working with the help of an experienced Kansas adoption attorney can help you successfully navigate the adoption process. There are many reasons for wanting to put your child up for adoption, and an experienced adoption attorney can walk you through the legal steps you will need to take.
Call Tom McDowell now at (316)-269-0746 now to discuss your adoption questions and options.
Source: http://safehaven.tv/states/kansas/Kansas_Safe_Haven_Law.pdf
