Criminalising compassion: Why Baby Saver Boxes must be protected, not punished
DOI:
https://doi.org/10.7196/SAMJ.2026.v116i2.4482Keywords:
Baby Saver Boxes, Safe Relinquishment, Abandonment, Constitutional Imperatives, Harm-Reduction Strategies, Neonaticide and Maternal Desperation, Healthcare Professionals’ Ethical Burden, Global Best Practice (Babyklappe, Safe Haven Laws), Trauma-Informed Policy, Rights-Based Approach and Intersectoral CollaborationAbstract
South Africa (SA) faces a silent crisis of infant abandonment, often in unsafe environments, driven by poverty, stigma and limited access to abortion. Baby Saver Boxes – secure, monitored drop-off points – offer a humane alternative aligned with constitutional imperatives of life, dignity, healthcare and the best interests of the child. However, proposed amendments to the Children’s Act risk criminalising compassion, reframing safe relinquishment as abandonment and undermining harm-reduction strategies. This punitive approach causes increased cases of neonaticide and maternal desperation, deters healthcare engagement, and places healthcare professionals in ethically fraught positions. Evidence from global best practice – including Germany’s Babyklappe and US safe haven laws – demonstrates that legal recognition of safe relinquishment reduces mortality and promotes maternal health. A rights-based approach, informed by trauma-sensitive policy and intersectoral collaboration, is essential to protect vulnerable mothers and infants. SA must choose compassion over control, integrating Baby Saver Boxes into public health systems to uphold human rights and prevent avoidable deaths.
References
1. Baby Savers South Africa. Statistics on infant abandonment in South Africa. BSSA, 2026. https://
babysaverssa.co.za/ (accessed 10 February 2026).
2. South Africa. Children’s Act No. 38 of 2005.
3. Constitution of the Republic of South Africa, 1996.
4. Rosenberg W. South African women needing to abandon their babies don’t have safe options: This must
change. The Conversation, 20 July 2021. https://theconversation.com/south-african-women-needingto-
abandon-their-babies-dont-have-safe-options-this-must-change-163992 (accessed 9 February 2026).
5. Parliamentary Monitoring Group. Portfolio Committee on Social Development: Children’s
Amendment Bill deliberations. Pretoria: PMG, 8 March 2022. https://pmg.org.za/committeemeeting/
34701/ (accessed 9 February 2026).
6. Health Professions Council of South Africa. Guidelines for good practice in the health care professions:
Booklet 9 – keeping of patient records. Pretoria: HPCSA, 2022. https://www.hpcsa-blogs.co.za/wpcontent/
uploads/2022/08/Booklet-9-Guidelines-on-Patient-Records.pdf (accessed 9 February 2026).
7. World Health Organization. Child maltreatment. Geneva: WHO, 2023. https://www.who.int/newsroom/
fact-sheets/detail/child-maltreatment (accessed 9 February 2026).
8. World Health Organization. Violence against children. Geneva: WHO, 2023. https://www.who.int/
health-topics/violence-against-children#tab=tab_1 (accessed 9 February 2026).
9. Milia G, Noonan M. Experiences and perspectives of women who have committed neonaticide,
infanticide and filicide: A systematic review and qualitative evidence synthesis. J Psychiatr Ment Health
Nurs 2022;29(5):813-828. https://doi.org/10.1111/jpm.12828
10. International Association of Baby Boxes. Situation in Germany: Babyklappe system. IABB, 2018.
http://www.iabb.info/english/germany1/ (accessed 9 February 2026).
11. National Safe Haven Alliance. US Safe Haven Laws: Anonymous infant surrender. National Safe Haven
Alliance, 2026. https://www.nationalsafehavenalliance.org/ (accessed 9 February 2026).
12. Children’s Bureau. Infant safe haven laws. GovInfo, 2016. https://www.govinfo.gov/content/pkg/
GOVPUB-HE23_1200-PURL-gpo88378/pdf/GOVPUB-HE23_1200-PURL-gpo88378.pdf (accessed
9 February 2026).
13. World Health Organization. Compendium on respectful maternal and newborn care. Geneva: WHO,
2025. https://www.who.int/publications/b/78409 (accessed 9 February 2026).
14. World Health Organization. Prioritizing respectful care for pregnant women, mothers and babies.
Geneva: WHO, 2025. https://www.who.int/news-room/feature-stories/detail/prioritizing-respectfulcare-
for-pregnant-women--mothers-and-babies (accessed 9 February 2026).
15. Office of the United Nations High Commissioner for Human Rights. Convention on the Rights of
the Child. Geneva: UN, 1989. https://www.ohchr.org/en/instruments-mechanisms/instruments/
convention-rights-child (accessed 12 November 2025).
16. African Union. African Charter on the Rights and Welfare of the Child. Addis Ababa: AU, 1990.
https://au.int/en/treaties/african-charter-rights-and-welfare-child (accessed 12 November 2025).
17. Strode A, Bhamjee S, Toohey J. Policing teenage pregnancies: Complexities and implications. S Afr J
Bioethics Law 2025;18(1):e2221. https://doi.org/10.7196/SAJBL.2025.v18i1.2221
18. Bhamjee S, Strode A, Slack C, Essack Z. Reporting underage consensual sex after the Teddy Bear case:
A different perspective. S Afr J Bioethics Law 2013;6(1):10-14. https://doi.org/10.7196/SAJBL.263
Downloads
Published
Issue
Section
License
Copyright (c) 2026 S Bhamjee, S Biyela, A Marais

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Licensing Information
The SAMJ is published under an Attribution-Non Commercial International Creative Commons Attribution (CC-BY-NC 4.0) License. Under this license, authors agree to make articles available to users, without permission or fees, for any lawful, non-commercial purpose. Users may read, copy, or re-use published content as long as the author and original place of publication are properly cited.
Exceptions to this license model is allowed for UKRI and research funded by organisations requiring that research be published open-access without embargo, under a CC-BY licence. As per the journals archiving policy, authors are permitted to self-archive the author-accepted manuscript (AAM) in a repository.
Publishing Rights
Authors grant the Publisher the exclusive right to publish, display, reproduce and/or distribute the Work in print and electronic format and in any medium known or hereafter developed, including for commercial use. The Author also agrees that the Publisher may retain in print or electronic format more than one copy of the Work for the purpose of preservation, security and back-up.




