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PROJECT: ABANDONED BABIES

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Child abandonment is a deeply troubling issue, both globally and in South Africa.

It reflects the intersection of poverty, lack of social support, stigma, and systemic inadequacies,

leaving vulnerable infants in precarious circumstances.

Every abandoned baby represents a failure of the system and society.

 

CAUSES FOR ABANDONMENT:

  • Mothers abandon babies for numerous reasons, often stemming from desperation or systemic failures.

  • According to statistics, South Africa has a high rate of teenage pregnancies, contributing to baby abandonment as young mothers often lack financial independence, support, or maturity to care for a child.

  • South Africa has a notably high teenage pregnancy rate, with estimates indicating nearly one in four girls falling pregnant before the age of 20.

  • In the 2022/23 period, approximately 150,000 pregnancies were recorded among girls aged 10 to 19.

  • A significant concern is that many of these cases involve girls as young as 10 to 14 years, often constituting statutory rape.

  • Many mothers face severe financial hardships, making child-rearing unfeasible.

  • Cultural and societal pressures, particularly around unplanned pregnancies, can drive abandonment.

  • Survivors of sexual violence may abandon their children due to trauma, stigma, or lack of resources.

  • Poor access to sexual health education and contraception exacerbates the issue.

  • Postpartum depression, substance abuse, and other mental health conditions impair decision-making.

  • Immigrants, especially those undocumented, face legal challenges in accessing formal child protection systems.

 

COMMON LOCATIONS OF ABANDONMENT:

  • Parks, alleys, dumpsters and other desolate but dangerous locations risk the child's health and safety.

  • Hospitals, clinics and other healthcare facilities.

  • Churches or temples are seen as safe havens but often lack resources for long-term care.

  • Police and fire stations are designated for anonymous relinquishment, though limited in South Africa.

 

STEPS TO TAKE IF YOU FIND AN ABANDONED BABY:

  • Contact the police immediately.

  • They will liaise with Social Services.

  • Provide a safe environment while waiting for help.

  • Infants left outside may suffer from dehydration, hypothermia, or respiratory issues and need urgent care.

  • If a child is abandoned, the Department of Social Development (DSD) will:

    • Assess the situation and manage it in the child's best interests.

    • Have a social worker gather information and affidavits from those who found or reported the child.

    • Report the case to the police for investigation.

    • Place the child in temporary safety until a final placement is determined.

    • Consider adoption as an alternative care option.

 

LEGAL CONSEQUENCES OF ABANDONMENT:

  • In South Africa, abandoning a baby is considered a serious criminal offence.

  • Legal definition: Under South African law, a child is considered abandoned if left without care or contact for at least three months without reason.

  • Courts assess factors like intent, the health of the child at the time, and available alternatives (such as adoption or fostering) to determine the specific charges and sentences.

  • Baby abandonment after birth can lead to criminal charges of murder, culpable homicide, or a specific offence under the Children's Act if the child dies or is harmed due to neglect.

    • If it is proven that the abandonment led to the child's death and the parent had intent (direct or indirect) to cause harm, a murder charge can be filed.

    • If negligence is established but not intent, culpable homicide may apply.

    • If the child survives, abandonment can result in lesser penalties but remains a criminal act as contained in the Children's Act.

  • Sentencing:

    • Convictions can result in lengthy prison terms, with severe cases (e.g., murder) potentially leading to life imprisonment.

    • For less severe cases, sentences may include fines, probation, community service, and counselling requirements.

 

LEGAL PROTECTION OF THE RIGHTS OF CHILDREN IN SOUTH AFRICA:

  • In South Africa, child abandonment is a criminal offence that occurs when a child's parent, guardian, or caregiver deserts the child without regard for their safety, welfare, or physical health.

  • The Children's Act of 2005 defines child abandonment as:

    • Deserting a child without reason and without contact for at least three months or abandoning a child after birth.

  • The Children's Act 38 of 2005 protects infants' and minors' legal rights.

  • While this law is deemed pretty broad when it comes to the care and protection of children, many have criticised its practical implementation and have identified areas where the law can improve and offer more safety.

  • Critics highlight the following issues:

    • Illegal immigrants are unable to legally place their children in the formal child protection system in South Africa and face deportation should they try.

    • Relinquishing parental rights so that a child can be adopted can only be done with a legal guardian's consent from the age of 18 years, making this option inaccessible to teenage mothers; however, a child of any age can request an abortion in South Africa sending, mixed messages about the choice of adoption.

    • Child abandonment is a criminal offence, and a person who abandons a child after birth may be charged and prosecuted.

    • Charges could include crimes such as concealment of birth and attempted murder.

    • Baby safes are illegal; however, these are being opened more frequently, given the increase in abandonment.

    • Many abandoned children do not even make it into the formal child protection system, as they are absorbed into communities through "informal adoption", raising concerns about issues such as child trafficking.

  • Alarmingly, child protection specialists have also argued that the law does very little to facilitate the adoption of abandoned children who find themselves on the Registry of Adoptable Children Parents (RACAP).

    • And with the number of orphaned infants on the rise and the rate of adoption on the decline, this is proving to be a significant setback.

    • The primary issue here is that the law does not do enough to de-stigmatise cross-racial adoptions, with many adoptive parents experiencing discrimination from the courts and the Department of Social Development and, of course, society in general.

 

IMPORTANT CONTACT NUMBERS:


CHILD WELFARE SOUTH AFRICA

Contact number: (011) 452 4110


ABBA ADOPTIONS

National hotline: (012) 342 6145


SOS CHILDREN'S VILLAGES SOUTH AFRICA

Emergency helpline: (012) 420 9900

DOOR OF HOPE CHILDREN'S MISSION

In 1999, this non-profit organisation set up a "hole in the wall" at the Mission Church in Johannesburg for parents to anonymously leave babies.

Address: 48 Hillbrow St, Berea, Johannesburg 2198

Contact number: (011) 484 9930


BAPHUMELELE CHILDREN'S HOME

This organisation provides food, healthcare, education, and a safe haven for orphaned and vulnerable children in Cape Town. It started when Rosie took in an abandoned baby left on her doorstep and decided to form a children's home.

Address: Z118, Dabula St, Village 4 North, Cape Town, 7784

Contact number: (021) 361 8631

 

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