Can a Mother Change Her Mind About Adoption After Invoking Maryland’s “Safe Haven Act”?
Parents of newborns may, for one reason or another, decide it will be in their child’s best interest to place them up for adoption. Maryland law recognizes a few different processes for adoption, such as going through a private agency or the Department of Human Services. But in any case, the adoption must be supervised by a judge and the consent of the birth parents, or other legal guardian, is generally necessary for the adoption to proceed.
Appellate Court: Leaving Children at Hospital Is “Neglect”
The Appellate Court of Maryland recently addressed a situation where a birth mother voluntarily left her newborn twins at a hospital with directions they be placed “out of her care.” This led a court to find the twins were “children in need of assistance” (CINA), which is a legal designation that separates a child from the parents and allows state officials to permanently place the child with a new guardian. The mother then changed her mind and attempted to fight the CINA designation, but the Circuit Court, and later the Appellate Court, rejected her claims.
To back up a bit, under a Maryland statute known as the “Safe Haven Act,” a person who “leaves an unharmed newborn with a responsible adult” within 60 days of the child’s birth is “immune from civil liability or criminal prosecution from the act.” The mother in this case, In Re B. CD, invoked the Safe Haven Act when she left her newborn twins at Baltimore Washington Medical Center four days after their birth at a different hospital. When the children were ready for discharge, the hospital notified the local department of social services, which took custody of the twins and initiated the aforementioned CINA proceedings.
The mother did not give her name to the hospital. But the day after the department filed its CINA petition, it received a call from the twins’ maternal grandmother, who explained that the mother had wanted a “friend of a friend” to adopt the twins but she was concerned the father might object. The mother therefore invoked the Safe Haven Act “because she was worried that the adoption would not go through.”
When the CINA petition reached a final hearing, however, the mother told the judge that she had changed her mind about the adoption and wanted to regain custody of the twins. But at that point it was too late. The judge found the twins had been “neglected” and therefore qualified as children in need of assistance. On appeal, the mother argued that her actions were “neglect” under the CINA law and the Safe Haven Act protected her from any “civil liability.” But as the Appellate Court explained, the mother’s proposed reading of the law would lead to “absurd and illogical result.” Absent a CINA finding of neglect, the department could not take the necessary steps to protect the children.
Contact a La Plata, Maryland Adoption Lawyer Today
If you are involved with the potential adoption of a newborn, it is critical that you seek independent legal advice regarding the process. Our La Plata adoption lawyer can assist you in addressing any legal concerns that may arise. Contact Fanning Law today at 301-934-3620 to schedule a consultation. We serve clients in LaPlata, Waldorf, and Lexington Park.
Source:
scholar.google.com/scholar_case?case=8246786567355030459
