Baby hatches continue to highlight welfare concerns(2)

The existence of a hatch reflects a gray area in the judicial interpretation of abandonment as a crime, but what is more important is a facility that provides security for those who are abandoned.

"The fact that abandonment is unavoidable constitutes the basis for establishing baby hatches. It is consistent with the legislative spirit of the law on the protection of minors that children's rights come first," said Pan Xiaoyan, a national legislator.

Qin Xiyan, who runs a law firm and is also a deputy to the National People's Congress, said the aim of baby hatches and convicting those who abandon infants is the same, which is to better protect the rights of children.

"The law prevents unwanted infants from being abandoned while baby hatches offer immediate protection to vulnerable minors who are already abandoned," Qin said. "But the existence of baby hatches does not alleviate the seriousness of abandonment, nor does it relieve anyone from legal responsibilities."

TAKING STEPS FORWARD

The ongoing controversies have not hindered the setting up of baby hatches in China, but have provoked thoughts over how to address the social problem.

Zhang Dongfang said most of the diseases that lead to abandonment such as congenital diseases, physical disabilities and brain paralysis could be effectively screened in a pregnancy test. Therefore, as some have appealed, free pregnancy tests could mean mothers-to-be having medical examinations at an earlier stage.

"A relatively small amount of funding could save a lot more in economic and social costs in the future," Zhang said.

According to Qin, a baby hatch is not a perfect solution but an interim measure.

"A sound and feasible policy should be drafted to crack down on illegal abandonment of infants while enabling welfare institutions to provide sufficient care services," Qin said.

Cui Ping, deputy dean of School of Marxism in Southwest University of Political Science and Law, suggested social relief resources should be channeled into families with children who suffer from diseases, disabilities or illnesses. Parents are then offered an opportunity to fulfill their obligations and children do not have to be parted from their families.