Merksem (Brussels Morning Newspaper) – An Antwerp court has sentenced a woman who abandoned her own baby and later staged its discovery in a Merksem cemetery, drawing public outcry and legal action.
She herself had brought it to the hospital. If the woman seeks treatment, she can avoid going to prison.
A woman who ‘discovered’ a baby in the Merksem cemetery on March 12, 2024, was given a six-month prison sentence with probation by the Antwerp criminal court. She won’t have to serve time in prison if she receives treatment.
The woman went to the Jan Palfijn Hospital with the baby she claimed to have discovered at the graveyard.
The girl tested positive for cocaine in her blood and had mild hypothermia. The girl was named ‘Roos’ and guardianship was granted to Bart De Wever (N-VA), the Belgium mayor of Antwerp at the time.
When the story reached the press, a woman claimed to be Roos’ mother. However, that proved to be untrue. The woman was battling psychological issues and an unmet desire to become a mother.
When the woman who had found the baby’s boyfriend started to doubt her account, the inquiry into the child’s identification accelerated.
She was identified as the mother by a DNA test. At the time, her boyfriend was unaware of her pregnancy. She admitted that she couldn’t recall the birth and that she hadn’t given it any more attention because the mother had been identified by another woman.
After examining the woman, a psychiatrist rejected her account. The public prosecutor asked for a sentence that was suspended. Since the mom had taken her infant to the hospital right away and had never left it, her attorney denied that there had been child abandonment.
The woman was sentenced to six months in prison and an 800 euro fine, both with probation, after the court determined that the facts were proven. She won’t have to go to jail if she gets treatment for her drug and mental health issues, keeps up her education, and finds employment as soon as her studies are up.
A legal claim was filed by her former partner. He is entitled to damages of 2,500 euros from the woman. The case was heard behind closed doors at his request. One euro is given provisionally to the baby’s present guardian.
What are the legal implications of abandoning a baby in Antwerp?
In Belgium, it is expressly forbidden to leave an infant behind. Regardless of the situation or intention, it is illegal to leave a child unattended or in dangerous surroundings.
Any person in charge of a kid under the age of twelve who neglects to present the child to the rightful owner may be imprisoned for eight days to a year and fined between €26 and €100, or both, according to Article 431 of the Belgian Criminal Code.
In addition, the law holds guardians or parents responsible if they neglect to give their children the emotional and material assistance they require.
