The abandonment of a minor can be punished with up to 3 years in prison, but if the child dies, a sentence of up to 25 years can be given.
The story of a newborn abandoned in the Guayaquil suburb went viral days ago. In a matter of hours, the photo of a policeman carrying the baby found in a cover circulated on social networks.
Days later it was learned that a 15-year-old adolescent identified herself as the mother. The minor allegedly hid the pregnancy from her parents, and after the delivery she would have abandoned it, still connected to the umbilical cord, on 26th and Q streets.
Every year in Ecuador similar cases are reported, of newborns left in the streets, vacant lots. But there are also cases of abandonment of older children and even adolescents.
The ECU911 system has received 230 calls nationwide for abandonment of children and adolescents between January and October of this year. In Guayas, there have been 28 cases, in Imbabura 28, in Morona Santiago 27, in Pichincha 23 and in the rest of the provinces 124.
Some of the newborn abandonments are associated with financial problems or unwanted pregnancies. There have also been abandonments of children who arrive with ailments at children’s hospitals and are left by their families once they are admitted.
“His parents leave and don’t come back. We call them and they don’t answer. It is a very sad situation. The hospital’s medical staff ends up caring for and nursing these children, ”says a pediatrician from a public hospital in Guayaquil.
Abandonment is a crime. An adult who abandons a minor in their care could spend several years in jail.
Article 153 of the Organic Comprehensive Criminal Code of Ecuador (COIP) stipulates that the person who abandons children and adolescents will be punished with imprisonment of one to three years.
If the minor has injuries from this abandonment, the penalty can be increased to four years, but if the death of the child occurs, the prison time will be 16 to 19 years, not counting the aggravating factors.
A case that alarmed many last year ended with a 25-year sentence for Alexandra P., a mother who abandoned her newborn baby in a ravine in January of that year, in the San Bartolomé de Pinillo parish of Ambato canton.
At the trial hearing, the prosecutor demonstrated the responsibility of the accused with testimonial evidence and the autopsy revealed that the cause of death was a multi-organ failure due to the conditions in which she was abandoned, which caused the development of larvae in her eyes. and private parts.
Perinatal psychology
The psychologist Cristian Arias, president of the Child Welfare Association, assures that in Ecuador there is a lack of public policies in the area of mental health and issues that promote parenting skills. “Little or nothing has been done in recent governments in this regard,” he says.
“We must create orientation and prevention campaigns, where good treatment is encouraged in childhood, where parental skills are encouraged,” recommends the professional, adding that there are countries like Canada and Chile that already have clear policies in this regard.
The psychologist highlights that from the association that he presides two years ago, it was proposed to the Assembly to include as an obligation the accompaniment in mental health throughout pregnancy and in the first three years of a child’s life to ensure that it is raised by people capable, however, only received notification of the receipt of the proposal.
He says that they were not summoned to give more details of the proposal and the need for psychological monitoring before birth (perinatal psychology), only gynecological monitoring is considered.
Arias maintains that this would help a lot in cases of teenage pregnancies, since a minor who is going to be a mother needs a family system willing to accompany her.
“This is vital, as professionals we are not inventing warm water because Ecuador is the second country with the highest adolescent pregnancy rate,” says the psychologist.
The figures registered by the INEC for 2019 -published in 2020- show that in that year there were a total of 51,711 pregnancies they corresponded to mothers under 19 years of age. Of these, 1,816 correspond to mothers between 10 and 14 years of age.
Decision of the authorities
The hospital doctors who take care of the baby who was abandoned in the suburb affectionately call him Francisco Joaquín. He is stable and although the alleged mother appeared, the authorities will determine the fate of the child.
The National Unit for Investigation and Protection of Children (Unipen) already notified last Thursday the appearance of the family for the judge in charge to make the decision.
A long legal process for adoption
When the family of an abandoned minor does not appear, the child is usually sent to a foster home. Family members have six months to appear and could get it back, but they must go through a process. The State will ensure that the minor can be, in the first instance, reintegrated into his family nucleus, in which his well-being is guaranteed.
When a child is not claimed by his family or it declines to take charge, the State assumes the power and after a judicial process the minor enters an adoption phase.
The adopting family is chosen from a bank of applicants who have previously undergone evaluation and training processes. Those processes can take months for those couples to be eligible. The adoptive family does not physically see the child until it agrees to adopt it by first learning about the file.
Once the adoption is accepted, the family can see the child and have a time of acceptance and adjustment that usually lasts a week before the child can be taken home. After that, they must undertake to initiate the legal process before a judge to guarantee parental authority and proceed to register the name or change of surnames. The state monitors adopted children for two years. (I)
Mario Twitchell is an accomplished author and journalist, known for his insightful and thought-provoking writing on a wide range of topics including general and opinion. He currently works as a writer at 247 news agency, where he has established himself as a respected voice in the industry.
