Baby Savers SA (BSSA) has taken the Department of Social Development (DSD) to court, seeking to have a section of the Children’s Act declared invalid. At the heart of their challenge is a push for a legal alternative to child abandonment, specifically concerning "baby saver boxes" - places where mothers can anonymously and safely surrender their newborns.
Dr Whitney Rosenberg, Senior Lecturer at the University of Johannesburg and co-founder of BSSA, says the DSD is trying to amend the definition of child abandonment to include instances where babies are placed in baby savers. “This is a deliberate attempt to stop our efforts,” Rosenberg said, underscoring that the organisation is fighting not just for a legal change but for the right of a child to live.
BSSA, an advisory body for organisations with baby savers across South Africa, has 40 members. These boxes or safes, are secure structures built into walls where mothers can place their babies. Once inside, an alarm is triggered, alerting first responders.
The DSD proposed the amendment to the Children’s Act, which was open for public comment until yesterday.
The amendment, if passed, would redefine child abandonment to include babies placed in baby savers. “This is an attempt to shut down our efforts and make it illegal for mothers to leave babies in safe places,” Rosenberg warns.
In 2023, the Gauteng DSD issued a directive to close all "baby baskets". Although the directive has not yet been extended to other provinces, seven out of 45 organisations nationwide have closed their doors for fear of retribution.
The coalition’s Dr Dee Blackie said during her research for her Master’s degree 3 500 children had been abandoned in South Africa in 2010.
Blackie said this is an abandonment to the child welfare system and excludes organisations such as Door of Hope and other child protection organisations. She said the Johannesburg Child Welfare had five to six children being abandoned every single week to the organisation’s care.
Blackie said there was a danger with the government not keeping statistics which leads to the problem not being acknowledged.
According to Blackie, the country needs a safe haven provision and an amendment to the Children’s Act as she has been campaigning over the years.
Blackie believes that infant abandonment reflects broader societal issues, including poverty, gender-based violence, and restrictive laws."Criminalising desperate mothers does not solve the problem,” she said.
BSSA has attempted to engage constructively with the government on the need for legal recognition of baby savers as an alternative for mothers in crisis
“This is about giving babies a chance at life and ensuring that no mother feels forced to abandon her child in a life-threatening environment,” BSSA’s Nadene Grabham said.
The BSSA has attempted to engage constructively with the Department of Social Development on this issue for many years, without success, including by presenting to Parliament’s Committee on Social Development three years ago.
“We need legal recognition of baby savers as an alternative for mothers in crisis. This is about giving babies a chance at life and ensuring that no mother feels forced to abandon her child in a life-threatening environment," Grabham said.
Blackie said the law in South Africa state that all abandonment is illegal and a parent is not allowed to anonymously leave a child somewhere and it is a criminal offence referred to as concealment of birth.
She said the campaign was ultimately planned to provide a safe alternative to abandonment so that childrens’ rights to life can be fulfilled. In addition, it would also protect the rights of abandoned children and give them access to a safe alternative to unsafe abandonment.
"We are not trying to say do not prosecute illegal abandonment but safe relinquishment of a child should be allowed," Blackie explained.
She continued: "They are forcing women to leave their children and make desperate choices to leave their children in unsafe spaces because they feel even if they leave them they are going to jail."
Sonia Swinton, who started the Baby Hope House in Pinetown, KwaZulu-Natal, in 2004, said abandoned babies are a common problem in Durban.
“Babies are found everywhere. Some are fortunate to be found alive and some unfortunately pass away. But a lot of my babies come through the police or the social workers.
"They'll go to the hospitals and then get checked over and then get placed. Often they are just left in a place where they can be found.”
She said some mothers go to hospital to give birth and then say they don't want the child but are then given 60 days to change her mind.
“Sometimes we've got more girls than boys, but I've never had just boys or just girls. It's always been a mixture. When they get here, some of them are sickly, it can be quite challenging for the children.”
She said while many of her babies are adopted when they are small, the oldest child was three years old before a home was found. She says babies are abandoned for various reasons but usually it's because the mother just doesn't know what to do.
“I think a lot of people abandon their babies for lack of knowledge. A lot of people are young, maybe they're not allowed back home, maybe they've been raped. Maybe the father has decided it's not his child, he doesn't want anything to do with it, and then the mother doesn't know what to do. You know, it's a sad world we live in,” said Swinton.
She says some of the abandoned babies have been found in latrines, in a tree or on the side of the road and usually they are not in a good state of health but eventually they thrive with lots of love, attention, nourishment and good doctors.
Lucinda Evans, coordinator for One Billion Rising South Africa and Philisa Abafazi Bethu, in Cape Town, has raised grave concerns regarding the National Department of Social Development’s proposed changes to the Children’s Act, particularly in relation to the issue of baby abandonment.
Evans expressed her shock and outrage over the current state of baby abandonment in the country, while questioning the department’s plans to amend policies without consulting the public.
As a member of BSSA, Evans pointed out the importance of safe baby relinquishment options and criticised the lack of consultation with key stakeholders, including child protection agencies, human rights defenders, and activists.
"I am as shocked and horrified as the rest of the women in this country regarding the state of baby abandonment," she said. "How is it possible that a policy in the Children’s Act could be changed without consulting South Africans, especially women?"
While acknowledging that unsafe baby relinquishment is not the ideal solution, Evans emphasised that safe options, such as baby savers, are essential for protecting unwanted infants. She highlighted that many women who abandon their babies do so due to the lack of alternatives, often as a result of being victims of rape or gender-based violence.
“How can you perpetrate gender-based violence in its purest form by changing the law to criminalise baby savers?” Evans questioned. "When we speak of gender-based violence, we are speaking about saving infants from the violence they were conceived in. South Africa has one of the highest rape and gender-based violence rates in the world, and yet the system seeks to re-traumatise and re-abuse women by restricting their ability to safely relinquish their children."
Evans also criticised the department for pushing through these changes "silently", without proper public consultation or the provision of adequate resources for pregnant women in distress.
"Where are the resources for pregnant women in crisis? Where are the emergency safe houses?" she asked, stressing the urgent need for safe spaces for women in need.
In an appeal, Evans called on pro bono lawyers and advocates to assist BSSA in halting the implementation of the proposed changes to the law. She stressed the need for legal intervention to prevent further harm to vulnerable women and children.
The National Department of Social Development keeps statistics of abandonment of children in the National Child Protection Register.
The department states that it conducts education and awareness on sexual and reproductive health rights including dealing with unwanted pregnancy including life skills programmes to address teenage pregnancies.