Spirit of the law: Police are right to let baby's mother go
This is an archived article that was published on sltrib.com in 2007, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

West Valley City Police distinguished themselves last week by deciding not to look for someone who, by the strict letter of the law, may well have committed a crime.

But clearly the greater good was served when officers decided that whoever it was who abandoned a baby at a local church in the apparent hope that the child would be well cared for had made a difficult decision that they would not second-guess.

Nor would they do anything to frighten anyone else in a similar situation out of doing the same thing.

Because the child was apparently more than three days old, and was not left at a hospital, the abandonment did not strictly meet the requirements of the state's enlightened safe-haven law. That's the one that formally absolves a mother of any criminal liability if she decides that a child she has just given birth to, yet which she cannot care for, would be better off if immediately given up for adoption.

Anonymously.

The law is aimed at newborns, less than 72 hours old, and specifies that those taking advantage of it should relinquish the infants at a hospital, because that's where the baby would immediately receive any medical care it may need.

But the spirit of the law was kept by the mother, even if she didn't know there was such a thing, and police decided they'd keep it, too. They not only announced that they would end their search for the mother, but requested that the news media back off and not publicize the note that was found with the child.

At first, police wanted help finding the mother out of concern that she might be in need of help. And she probably is.

But the more pressing concern is the welfare of the baby, who now has a chance at a good life in a loving adopted family.

The importance of this case to everyone else is that it is an opportunity to remind everyone that the laws of Utah specifically provide some mothers - most likely young, single, broke and frightened - a chance to do the best for their child by walking away.

Ideally, of course, no one would ever need to do this. All mothers would have supportive families, prospects, backup. But not everyone does. And when the alternative is a plastic bag in an out-of-the-way Dumpster, Utah's saferelinquishment law looks very good indeed.

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