Baby flaps remain legal gray area

Baby flaps remain legal gray area

01/22/2014

The baby flaps are sometimes the last resort for mothers if they feel overwhelmed with their newborn child or if the pregnancy was not planned. For newborns, this possibility of giving birth means a safe custody and a chance to live. The help concept offers the possibility to deliver a child in order not to endanger his health and to ensure the anonymity of the mother. An alarm informs the clinic or a midwife that a baby is in the flap. After eight weeks, the children are usually then taught to an adoptive family.

Since the 12th century, baby flaps exist
In the 12th century already existed such a kind of institution for mothers who in Germany as „modern baby flaps“ since the year 2000. However, legally speaking, baby flaps are in a gray area, because these facilities are not really legal. In principle, however, there is no obligation for hospitals or other private operators to register. "It's not really what we offer," says Sister Birgitta from the Children's Hospital St. Marien in Landshut. If children are placed in the baby flap, each time impunity must be applied to the prosecutor. Because after § 16 of the (PStG) a birth of a child must be reported to the registry office within one week, always giving the name of the mother. The violation of the obligation to notify is basically only an administrative offense.

New law is aimed at counseling centers
That could change now to 1 May 2014. Then comes the new law on the extension of assistance for pregnant women and the regulation of confidential birth into force. The Federal Government would like to protect women who suppress or conceal their pregnancy and thus are not reached by the existing help system. For newborns this could mean a survival, because a suspension is avoided, so the hope of the government „dpa“ reported to relevant newspapers, the new law is strongly geared to counseling centers.

The confidential birth
The expectant mothers can join in the „Confidential birth“ to a counseling center who then informs the youth welfare office of the impending birth under a pseudonym chosen by the mother herself. The mother is also looked after by the counseling center after delivery of the child. In rare cases there is a withdrawal of the baby. If the child has reached the age of 16, they have the right to access the data.

The anonymous birth
In the case of anonymous birth, the pregnant woman, after she has been given sufficient advice, without giving her personal details, can give birth to the child in a clinic. Only then will the child be handed over to the authorities. In Germany, about 139 clinics offer the possibility of „Anonymous birth“ on. (Fr)