Blog Topic

When can you abandon your child?
November 15, 2008

If a parent in Nebraska were interpreting this question, the answer could be up until the child is 19 years old. Nebraska was the last state to adopt what has become known as a "safe haven law". These laws are designed to protect unwanted newborns from being discarded or abandoned by their mothers. Although the spirit of the Nebraska law was clearly designed to target infants, the actual letter of the law leaves a lot of ambiguity as to how old the child can be. The problem lies in the fact that the law, passed in July of this year, doesn't actually define the word "child", leaving the interpretation of that word wide open. The latest problem with the interpretation of the statute: mother in Nebraska attempted to abandon an 18 year old, claiming that the child was difficult to control, was bipolar, and suffered from a learning disability. Read the article here:

18-Year-Old Abandoned Under Nebraska Safe Haven Law.

Floridians, however, will have to act a little sooner if they want to claim protection under our own safe haven law. Florida's version was codified in 2000 (see Section 383.50, Florida Statutes: F.S. 383.50) and allows for mothers to leave children 7 days or younger at specific, statutorily defined medical facilities. The statute allows for mothers to remain anonymous and be immune from criminal prosecution, unless there is suspected or actual abuse or neglect. Additionally, since there is no finding of "abandonment", mothers who change their minds are able to claim their infant up until the court enters a judgment terminating their rights.

For more information on family law in Florida and our firm's representation, please check out our firm's website here. 

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