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Historical Note

In the early 1980’s, infanticide became a widely debated issue regarding possible euthanasia cases involving handicapped infants. 

Two prominent cases highlighted the lack of standard procedures for treating seriously handicapped and ill newborn infants. In 1982, “Baby Doe” was born in Bloomington, Indiana with Down’s Syndrome. Baby Doe reportedly died after the parents chose to forgo standard medical treatment for the baby’s birth defects.

Similarly, in New York City in 1983, “Baby Jane Doe” was born with spina bifida and it was believed surgical treatment would result in her living with permanent brain damage and other health concerns. The parents opted not to have the surgery. The Department of Health and Human Services ultimately referred the case to New York’s Child Protective Services after it felt that surgery posed no extra risk to the child.

In both of these cases, the Department of Health and Human Services and Surgeon General Dr. C. Everett Koop believed that the infants were being discriminated against due to their mental handicaps, resulting in their deaths. Dr. Koop began advocating for a law that would ensure standard practices and procedures for treating seriously ill and mentally handicapped newborns, even if it ran counter to the preferences of the parents. This led to passage of the Child Abuse Amendments of 1984 which established specific criteria and guidelines for the treatment of sick and disabled newborn infants. The amendment was passed in October 1984. 

Last Updated: 04/29/2021 06:17PM

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