Posted on: Friday, March 5, 2004
Lawmakers split on creating legal way to abandon a baby
Associated Press
Anyone who abandons a newborn baby at a hospital, police station or fire station would not face criminal prosecution under legislation approved by the state House yesterday.
The proposal, similar to so-called "safe haven" measures approved in other states, is aimed at discouraging unprepared parents from abandoning unwanted babies in trash bins and other public areas.
"This is meant to provide a safety net," said House Health Chairman Dennis Arakaki, D-30th (Moanalua, Kalihi Valley, 'Alewa).
The bill passed out of the House by a vote of 44-7, with all opposition coming from Republicans.
It faces an uncertain future. A Senate version of the bill was held in committee and Republican Gov. Linda Lingle vetoed similar legislation passed by the Democratic-controlled Legislature last year.
Lingle said research shows abandoned babies increased in states that adopted immunity laws, and all the bill really did was "made it OK for people to abandon their children."
Supporters of the law acknowledge that child abandonment is rare in Hawai'i, but creating a system of anonymity, confidentiality and freedom from prosecution may encourage parents to leave a newborn infant safely, and thus save the baby's life.
The proposal approved yesterday also would give immunity to hospitals, fire stations and police stations that accept a baby within 72 hours of birth.
To qualify for immunity, there must be no evidence of injury to a child's physical or psychological health or welfare when it is dropped off. The person dropping off the baby also would have to provide information on any known history of major illness.
Among those opposed to the bill was Rep. Corrine Ching, R-27th (Liliha, Pu'unui), who said adopted children still might find it difficult later to learn detailed medical or other important family history.
She said the bill would have unintended consequences, such as encouraging women to hide unwanted pregnancies from their families and not seek proper medical care.
"There are better alternatives," Ching said.
