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Sunday, February 4, 2018

Child Custody Issues: What is Abandonment of a Child?
src: montesfamilylaw.com

Child abandonment is the practice of relinquishing interests and claims over one's offspring in an extralegal way with the intent of never again resuming or reasserting guardianship over them. Causes include many social and cultural factors as well as mental illness. An abandoned child is called a foundling (as opposed to a runaway or an orphan). Baby dumping refers to parents abandoning or discarding a child younger than 12 months in a public or private place with the intent of ending their guardianship over them. It is also known as rehoming in cases of failed adoptions.


Video Child abandonment



Causes

Poverty is often a root cause of child abandonment. People in cultures with poor social welfare systems who are not financially capable of taking care of a child are more likely to abandon them. Political conditions, such as difficulty in adoption proceedings, may also contribute to child abandonment, as can the lack of institutions, such as orphanages, to take in children whom their parents cannot support.

Another common reason for baby dumping is teenage pregnancies. Pregnant teenagers experience problems during and after childbirth due to social and psychological distress. Regardless of age, parents may abandon a child because they are unprepared to raise them.

Other reasons include unpreferred gender, appearance, or other characteristics of the child as well as mental or physical handicaps of the child.

Education, family planning, government support, and post-natal services and support for motherhood are available tools for reducing this problem.


Maps Child abandonment



History

Historically, many cultures practiced abandonment of infants, called "infant exposure." Although such children would survive if taken up by others, exposure is often considered a form of infanticide--as described by Tertullian in his Apology: "it is certainly the more cruel way to kill... by exposure to cold and hunger and dogs."

Similarly, there have been instances of homicidal neglect by confinement of infants or children such as in the affair of the Osaka child abandonment case or the affair of 2 abandoned children in Calgary, Alberta, Canada by their mother Rie Fujii.

Medieval laws in Europe governing child abandonment, as for example the Visigothic Code, often prescribed that the person who had taken up the child was entitled to the child's service as a slave.

Conscripting or enslaving children into armies and labor pools often occurred as a consequence of war or pestilence when many children were left parentless. Abandoned children then became the ward of the state, military organization, or religious group. When this practice happened en masse, it had the advantage of ensuring the strength and continuity of cultural and religious practices in medieval society.

The largest migration of abandoned children in history took place in the United States between 1854 and 1929. Over two hundred thousand orphans were forced onto railroad cars and shipped west, where any family desiring their services as laborers, maids, and servants used and abused them. Orphan trains were highly popular as a source of free labor. The sheer size of the displacement and degree of exploitation that occurred gave rise to new agencies and a series of laws that promoted adoption rather than indenture. Eventually, adoption became a quintessential American institution, embodying faith in social engineering and mobility. By 1945, adoption was formulated as a legal act with consideration of the child's best interests. The origin of the move toward secrecy and the sealing of all adoption and birth records began when Charles Loring Brace introduced the concept to prevent children from the orphan trains from returning to or being reclaimed by their parents. Brace feared the impact of the parents' poverty and their Catholic religion, in particular, on the youth. Reformers during the Progressive Era later carried on this tradition of secrecy when drafting American laws.


http://www.washyoursin.com/confessions/child-abandonment.html ...
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Current situation

Today, abandonment of a child is considered to be a serious crime in many jurisdictions because it can be considered malum in se (wrong in itself) due to the direct harm to the child, and because of welfare concerns (in that the child often becomes a ward of the state and in turn, a burden upon the public fisc). For example, in the U.S. state of Georgia, it is a misdemeanor to willfully and voluntarily abandon a child, and a felony to abandon one's child and leave the state. In 1981, Georgia's treatment of abandonment as a felony when the defendant leaves the state was upheld as constitutional by the U.S. Supreme Court. 'Rehoming' is still legal in Arkansas where, in 2015, state legislator Justin Harris made national headlines by rehoming two young adopted children.

Many jurisdictions have exceptions to abandonment laws in the form of safe haven laws, which apply to babies left in designated places such as hospitals (see, for example, baby hatch).

In the UK abandoning a child under the age of 2 years is a criminal offence. In 2004 49 babies were abandoned nationwide with slightly more boys than girls being abandoned.

Abandonment is rife in Malaysia, where between 2005 and 2011, 517 babies were dumped. Of those 517 children, 287 were found dead. In 2012, there were 31 cases, including at least one instance of a child being tossed from a window of a high rise apartment.

Persons in cultures with poor social welfare systems who are not financially capable of taking care of a child are more likely to abandon them. Several American states are moving towards passing legislation to prevent rehoming of children post adoption. However, national legislation may be needed to protect children from being rehomed in all states.


Austin Hackney
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Child abandonment in literature

Foundlings, who may be orphans, can combine many advantages to a plot: mysterious antecedents, leading to plots to discover them; high birth and lowly upbringing. Foundlings have appeared in literature in some of the oldest known tales. The most common reasons for abandoning children in literature are oracles that the child will cause harm; the mother's desire to conceal her illegitimate child, often after rape by a god; or spite on the part of people other than the parents, such as sisters and mothers-in-law in such fairy tales as The Dancing Water, the Singing Apple, and the Speaking Bird. In some chivalric romances, such as Le Fresne and the Swan-Children, in the variant Beatrix, some children of a multiple birth are abandoned after the heroine has taunted another woman with a claim that such a birth is proof of adultery and then suffered such a birth of her own. Poverty usually features as a cause only with the case of older children, who can survive on their own. Indeed, most such individuals are of royal or noble birth; their abandonment means they grow up in ignorance of their true social status.

Abandonment

One of the earliest surviving examples of child abandonment in literature is that of Oedipus, who is left to die as a baby in the hills by a herdsman ordered to kill the baby, but is found and grows up to unwittingly marry his biological mother.

In a common variant on the abandonment and rediscovery of an infant, the biblical story of Moses describes how the Jewish infant is abandoned by his mother and set to float in the Nile in a reed basket, in hopes that he will be found and nurtured; as planned, the child is discovered and adopted by the queen of Egypt, thus gaining a higher social status and better education, as well as a more powerful position than his birth family could have given him. A similar story is told of other heroes who eventually learn about their true origins only as adults, when they find they are able to save their original parents or family by wielding power from their adoptive status, while making use of an education that sets them apart from their peers. The theme is also carried through in the case of many modern superheroes, most famously Superman (see Modern Media below). Mark Twain tweaks the traditional "upgrading" of the foundling's social status by having the child's twin, who is powerful by birth, experience the "downgrading " of his position in a switch planned by the two children, in "The Prince and the Pauper."

In many tales, such as Snow White, the child is actually abandoned by a servant who had been given orders to put the child to death.

Children are often abandoned with birth tokens, which act as plot devices to ensure that the child can be identified. This theme is a main element in Angelo F. Coniglio's historical fiction novella The Lady of the Wheel, in which the title refers to a "receiver of foundlings" who were placed in a device called a "foundling wheel," in the wall of a church or hospital.

In Shakespeare's The Winter's Tale, a recognition scene in the final act reveals by these that Perdita is a king's daughter rather than a shepherdess, and so suitable for her prince lover. Similarly, when the heroine of Le Fresne reveals the brocade and the ring she was abandoned with, her mother and sister recognize her; this makes her a suitable bride for the man whose mistress she had been.

From Oedipus onward, Greek and Roman tales are filled with exposed children who escaped death to be reunited with their families--usually, as in Longus's Daphnis and Chloe, more happily than in Oedipus's case. Grown children, having been taken up by strangers, were usually recognized by tokens that had been left with the exposed baby: In Euripides's Ion, Creüsa is about to kill Ion, believing him to be her husband's illegitimate child, when a priestess reveals the birth-tokens that show that Ion is her own, abandoned infant.

This may reflect the widespread practice of child abandonment in their cultures. On the other hand, the motif is continued through literature where the practice is not widespread. William Shakespeare used the abandonment and discovery of Perdita in The Winter's Tale, as noted above, and Edmund Spenser reveals in the last Canto of Book 6 of The Faerie Queene that the character Pastorella, raised by shepherds, is in fact of noble birth. Henry Fielding, in one of the first novels recognized as such, recounted The History of Tom Jones, a Foundling. In the case of Quasimodo, the eponymous character in Victor Hugo's The Hunchback of Notre-Dame, the disfigured child is abandoned at the cathedral's foundling's bed, made available for the leaving of unwanted infants. Ruth Benedict, in studying the Zuni, found that the practice of child abandonment was unknown, but featured heavily in their folktales.

Still, even cultures that do not practice it may reflect older customs; in medieval literature, such as Sir Degaré and Le Fresne, the child is abandoned immediately after birth, which may reflect pre-Christian practices, both Scandavian and Roman, that the newborn would not be raised without the father's decision to do so.

Upbringing

The strangers who take up the child are often shepherds or other herdsmen. This befell not only Oedipus, but also Cyrus II of Persia, Amphion and Zethus and several of the characters listed above. Romulus and Remus were suckled by a wolf in the wilderness, but afterward, again found by a shepherd. This ties this motif in with the genre of the pastoral. This can imply or outright state that the child benefits by this pure upbringing by unspoiled people, as opposed to the corruption that surrounded his birth family.

Often, the child is aided by animals before being found; Artemis sent a bear to nurse the abandoned Atalanta, and Paris was also nursed by a bear before being found. In some cases, the child is depicted as being raised by animals; however, in actuality, feral children have proven to be incapable of speech.

In adulthood

The pattern of a child remaining with its adoptive parents is less common than the reverse, but it occurs. In the Indian epic Mahabharata, Karna is never reconciled with his mother, and dies in battle with her legitimate son. In the Grimm fairy tale Foundling-Bird, Foundling Bird never learns of, least of all reunites with, his parents. George Eliot depicted the abandonment of the character Eppie in Silas Marner; despite learning her true father at the end of the book, she refuses to leave Silas Marner, who had actually reared her.

When the cause of the abandonment is a prophecy, the abandonment is usually instrumental in causing the prophecy to be fulfilled. Besides Oedipus, Greek legends also included Telephus, who was prophesied to kill his uncle; his ignorance of his parentage, stemming from his abandonment, caused his uncle to jeer at him and him to kill the uncle in anger.

Older children

When older children are abandoned in fairy tales, while poverty may be cited as a cause, as in Hop o' My Thumb, also called Thumbelina, the most common effect is when poverty is combined with a stepmother's malice, as in Hansel and Gretel (or sometimes, a mother's malice). The stepmother's wishes may be the sole cause, as in Father Frost. In these stories, the children seldom find adoptive parents, but malicious monsters, such as ogres and witches; outwitting them, they find treasure enough to solve their poverty. The stepmother may die coincidentally, or be driven out by the father when he hears, so that the reunited family can live happily in her absence.

In a grimmer variation, the tale Babes in the Wood features a wicked uncle in the role of the wicked stepmother, who gives an order for the children to be killed. However, although the servants scruple to obey him, and the children are abandoned in the woods, the tale ends tragically: the children die, and their bodies are covered with leaves by robins.

In modern media

Foundlings still appear in modern literature; this is a partial list of examples:

  • In George Bernard Shaw's stage play Major Barbara, industrialist Andrew Undershaft, a foundling himself, intently searches for a foundling to assume the family business.
  • Superman may be seen as a continuation of the foundling tradition, the lone survivor of an advanced (but almost-completely extinct) civilization who is found and raised by Kansas farmers in a pastoral setting, and later discovers his alien origins and uses his powers for good.
  • Charlie Chaplin's movie The Kid revolves about the Tramp's efforts to raise an abandoned child.
  • In the graphic novel Aqua Leung, the main protagonist is a prince who is whisked out of a castle under attack in a basket-like device and then found by a couple and raised on land so that his father's enemies do not find him. He returns to the seas to fulfill the prophecy thought to be his father's but that was actually his.
  • Elora Danan, in the film Willow, and Lir, in the novel The Last Unicorn, both continue the tradition of foundlings abandoned because of prophecies, and who fulfil the prophecies because of their abandonment.
  • In the last book of The Chronicles of Prydain, Dallben reveals to the hero Taran that he is a foundling; in a story set in the same world, "The Foundling," Dallben himself proves to be a foundling as well.
  • The character Leela from Futurama was a foundling, given to the Ophanarium and a note in an alien language to make people believe that she was an alien rather than a mutant; she would have been forced, in the latter case, to live in the sewers with the other mutants.
  • Several foundlings appear in Terry Pratchett's Discworld: most notably Captain Carrot Ironfoundersson, who was found, as a toddler, among the ruins of a caravan party that had been attacked by bandits, and was then surrounded by the bodies of the adults.
  • The character of Mozzie, from White Collar, is a foundling, left in a basket with only a bear.
  • In some cartoons, wily characters may disguise themselves as foundlings. This may be accomplished by the character dressing as a baby and lying in a bassinet or basket on a doorstep, perhaps with a note adding to the ruse. This was parodied in the 2006 movie Little Man.
  • In The Flintstones, Bamm-Bamm was abandoned on the Rubbles's doorstep and eventually adopted by them.

Child Abandonment is real [Lupin III] - http://ift.tt/1qaMB90 ...
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See also


Quotes about Child Abandonment (35 quotes)
src: www.quotemaster.org


References


Mother and her boyfriend charged with child abandonment | Deseret News
src: cdn.deseretnews.com


Further reading

  • Dorothy L. Sayers, "Oedipus Simplex: Freedom and Fate in Folklore and Fiction"

Orphaned and abandoned children on the streets of India - YouTube
src: i.ytimg.com


External links

  • John Boswell, "The kindness of strangers: the abandonment of children in Western Europe from late antiquity to the Renaissance", 1998, ISBN 0-226-06712-2
  • "Full Story". the Namibian. Retrieved 30 November 2012. 
  • Angelo F. Coniglio's treatise on foundlings

Source of article : Wikipedia