How will the mother be punished for abandoning her newborn child?
(Baonghean.vn) - Ms. Hoang Thi Hai in Quy Chau district asked through the media that we saw the situation of newborn babies being abandoned by their mothers happening in some localities, many cases even leading to tragic deaths for the children. So how will mothers who abandon their newborn babies be handled?
Reply
Abandoning a newborn child not only violates social ethics but also violates the law on human rights protection in general and regulations on child rights protection in particular.
The law strictly prohibits the act of abandoning a newborn child. Article 6 of the 2016 Law on Children stipulates that the acts of "Depriving a child of the right to life" and "Abandoning, neglecting, buying, selling, kidnapping, swapping, or appropriating a child" are strictly prohibited. Therefore, any mother who abandons a newborn child will be severely punished by the law.
Specifically, Article 21 of Decree 130/2021/ND-CP stipulates penalties for violations of regulations on child care and upbringing as follows:
1. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for one of the following acts:
a) Parents and caregivers of children do not fully perform their obligations and responsibilities in caring for and raising children, except in cases where they are forced to temporarily isolate children or children are placed in alternative care as prescribed by law;
b) Parents and caregivers do not care for and raise children, do not fulfill their obligations and responsibilities in caring for and raising children, or abandon children to fend for themselves, cut off emotional and material ties with children, or force children not to live with their families, except in cases where they are forced to temporarily isolate children or children are given alternative care as prescribed by law.
2. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed on parents and caregivers of children who intentionally abandon children."
Accordingly,If parents intentionally abandon children, they may be fined from 20 to 25 million VND.
In addition, if this act of abandoning a child leads to the death of the child, criminal liability may be prosecuted. Specifically, Article 124 of the 2015 Penal Code stipulates the crime of killing or abandoning a newborn child as follows:
1. Any mother who, due to the heavy influence of backward ideology or in special objective circumstances, kills her child within 7 days of birth, shall be sentenced to imprisonment from 6 months to 3 years.
2. Any mother who, due to the heavy influence of backward ideology or in special objective circumstances, abandons her child within 7 days of birth, resulting in the child's death, shall be subject to non-custodial reform for up to 2 years or imprisonment from 3 months to 2 years."
