TV shows and movies often show babies being left somewhere and they usually make the story a comedy as the hapless finder of the misplaced child struggles to figure out how to feed a baby, change diapers, and bathe the child. However, hard-hearted that adult may be, the baby invariably melts the hard heart and makes the finder a better person.
The situation in real life is much less humorous. About 100 babies are abandoned illegally in the United States each year, and one third do not survive. However, it is entirely legal for a birth mother to relinquish her baby at the hospital where the child is born. A mom who realizes that she is not ready to parent does not have to take the baby home, and this decision is not unlawful. There is no punishment for this decision, and the staff at the hospital will be supportive.
There is some paperwork. Under Arkansas Code Title 9 Family Law § 9-9-101, the mother must sign a paper agreeing that she relinquishes her parental rights and that she will allow medical care for the child. It sometimes happens that a mother leaves the hospital without going through this process, but it is best for everyone if she signs the papers so her child can be adopted and the baby can be given necessary medical treatment.
Then what happens?
The paperwork allows the mom to specify some people to whom she wants to relinquish her child:
- a petitioner for adoption — that is, an individual or couple who want to adopt the baby
- the guardian of the child, such as a grandparent or other adult whom the mom has chosen to care for the baby temporarily
- a licensed child placement agency or the Department of Human Services
- the attorney acting on the behalf of any of the people on this list
If the mom does not want to choose from this list, she can simply relinquish the baby to the hospital. The hospital can then choose to put the baby into the care of someone on the list. That person must show identification, and the hospital must then relinquish the baby to that individual and is no longer responsible for the child.
In practice, hospitals will often call a relative or emergency contact of the mom if they have that information. If the situation is not resolved by that call, they may go to the Department of Human Services, or they may call the police, who will generally call Human Services. In most cases, the baby goes into public care and is placed in the foster care system.
What happens in the foster care system?
Foster families are vetted and trained to care for children who cannot live with their parents. The first goal is to help the parents care for their children, and to reunite the baby with the parent or parents.
Next, Human Services will make an effort to find relatives who are willing and can qualify to foster or adopt the baby.
If reunification with the mom or placement with a relative is not a possibility, adoption is a likely outcome. People who have signed up to be adoptive parents and have already been approved will usually get a call.
Some children remain in the foster system for years, but infants are usually able to find adoptive families.
What about the other options?
If the mom or the hospital is aware of a would-be adoptive family looking for an infant, they can contact that person or their adoption lawyer and release the baby into their custody. In such a case, the adoption will then go ahead in the usual way. If the mom has signed the papers relinquishing her parental rights, the baby is available for adoption, and the usual legal process will finalize it.
If a family member agrees to serve as guardian or to adopt the baby, the legal procedures are still required. They may ask their attorney to pick up the baby from the hospital, but should expect to care for the child while the legal process is settled.
In short, an adoption of a baby left in a hospital will still require the services of an adoption attorney. Heimer Law can assist with your adoption journey, whatever the details may be.
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