February 11, 2002 - Newborn Protection Act provides an option that may save a baby's life; other options available at licensed child placing agencies

Through the Newborn Protection Act, the state of Kansas is working to save the lives of infants. This law permits a parent or parents to leave a newborn infant less than 45 days of age with an employee of a city or county health department, fire station, or medical facility. The act was passed by the 2000 Kansas Legislature.

The law is premised on the belief that fewer infants will be abandoned if women who feel unprepared for motherhood have a safe place to leave their newborns. Some have called it an infant's ‘last safety net,' and say that if it allows just a single infant to be saved from abandonment in an unsafe place, it is well worth it.

For a parent who chooses to abandon a newborn who has suffered no bodily harm at one of the designated places, the law grants immunity from prosecution. The law states that those who accept the infant at a fire station, medical facility, or health department should perform any necessary act to protect the health and safety of the infant and notify law enforcement. In turn, law enforcement delivers the infant to a person or facility designated by the Secretary of the Department of Social and Rehabilitation Services (SRS).

The Newborn Protection Act does not guarantee anonymity to the parent who leaves a newborn at the health department, fire station, or medical facility. Other child welfare laws say the state must attempt to identify the parents and grandparents of an abandoned infant. Under the United States Constitution, the parents' right to a relationship with their child cannot be terminated by the state without due process. This includes identifying a child's parents and notifying both of them regarding the intent to place a child for adoption.

Parents can also choose to voluntarily relinquish a baby, or a child of any age, at a licensed child placing agency in Kansas. Unlike what happens when an infant is abandoned at a medical facility, fire station, or health department, relinquishing a newborn or child at a licensed child placing agency allows the parents to remain anonymous. Additionally, the agency will assist the mother with providing the child's medical history. The child's medical history will then be available to potential adoptive parents. This would be an advantage to both the growing child and the adoptive family.

Parent's can locate the nearest Licensed Child Placing Agency in Kansas by calling the Parent's Helpline at 1-800-332-6378. Child Placing Agencies are licensed by the Kansas Department of Health and Environment.

The Newborn Infant Protection Act is an attempt to save infants whose mother may not be mature enough to thoughtfully weigh the consequences of their action. Often, it appears the woman may be in denial about the pregnancy, and providing a ‘safe' place to leave newborns could potentially save the life of infants.