How to Provide a Legal Safe Harbor for Mothers of Unwanted Newborns

This article addresses the social problem of unwanted newborns from a criminal law perspective. The article introduces the issue of unwanted infants as one crossing national borders and is common for all countries. The problem is illustrated by legal systems such as Slovakia’s, representing the continental civil law system, and Canada’s common law system. The authors chose Canada as the comparison model because its legal order is not well known in the United States despite being a neighboring country with similar legal traditions. It could be interesting for the reader to have the problem presented in a system not completely familiar, but still quite close to their own legal system.

The article highlights the problem of unwanted babies and presents a solution acceptable to both sides—mothers and governments. The primary discussion is dedicated to the idea of baby hatches (baby boxes), which the authors think could be introduced in any country facing the problem of unwanted babies. The article aims to attract the attention of authorities worldwide in order to reach a common position on this issue and promote the use of baby hatches, as the legality of this practice has been challenged and disputed at the United Nations Committee on the Rights of the Child. The article provides information about the issue for concerned individuals and also professionals and experts dealing with unwanted newborns in practice.