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A latest circular released by seven central government agencies forbidding any individual or organization from taking in abandoned babies privately in an effort to secure children's rights has triggered controversy over its practicality.
Individuals or organizations should report to local authorities and police "at the earliest time" after finding an abandoned baby and cannot keep it privately, it says, adding that public security authorities are obliged to search for the biological parents and other legal custodians and arrange for medical treatment.
If the custodians cannot be found, the babies should be taken care of temporarily at designated child welfare agencies while further attempts to find the parents are made.
"The purpose of the policy is to combat crimes including baby trafficking, but there will be practical difficulties as many small places in the country don't even have welfare organizations, and the low administrative efficiency might also harm the kids," Gu Lifen, a Hebei-based lawyer specializing in child protection, told the Global Times Tuesday.
The policy also demands that all private welfare organizations which help abandoned babies and orphans cooperate with civil affairs authorities above the county level.
Many netizens were against forbidding private agencies and restraining social power, adding that it might lead to more risks to the babies if government resources fall short of their task.
"Our babies are all identified and have treatment agreements, followed by detailed adoption plans, but many private child welfare agencies are facing registration troubles even though they can provide good care," Deng Zhixin, founder of Angel Mom, a Beijing-based child welfare organization, told the Global Times.
However, the effect of private care agencies has been questioned after a fire at a Henan-based private adoption home killed seven children in January due to negligence.
Despite the controversy, there is no doubt that people should report to the police to identify abandoned babies, as abandoning a child is a crime which requires a criminal investigation to pursue the responsible parties, said Zhang Wenjuan, deputy director of the Beijing Children Legal Aid and Research Center.
Zhang noted that a detailed and applicable child aid procedure should include several steps, such as medical treatment and temporary settlement for the babies by welfare organizations, getting identification reports from the police, deciding on custodians and finding foster families, and only an integrated welfare system could really protect the children.
"The current system is flawed and could bring confusion to children about their status while they enter the adoption phase. The new policy suggests the authorities at least are aware of the problem, but the key is to focus on the real needs of the children, other than merely issuing administrative policies to fill the loopholes," said Zhang.
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