Kit the Coyote
New member
what if it's inconvenient to abandon it in a manner that insures the baby's safety? What if complying with that requirement conflicts with one of the following over-riding criteria: "Women MUST have control over their lives, their bodies, their health and their futures"
what if, for example, the mother is in the north woods or the Labrador coast and the nearest nurse, policeman or fireman is many days' journey away? Would it be acceptable in those situations to abandon it to the elements?
In most cases no, I can see a case being made if not abandoning the child in the wilds would mean both lives would be lost though and even just the fear that that would be the case would likely be a legal defense.
It is hard to draw comparisons along these lines pre and post-birth from a strictly legal standpoint because the child's legal status significantly changes at birth. They are now a distinct legal entity under the law and as a minor, they require a legal guardian which the mother is NOT required to assume that responsibility but if she does so takes on the responsibility to protect the child until she can turn that responsibility legally to another.