Section 47 of the Lukautim Pikinini Act 2015 creates one of the Act’s most serious offences.
A parent that abandons a child and where the life of the child is, or is likely to be, endangered, or his health is, or is likely to be, permanently injured, without any reasonable excuse, is guilty of an offence.
Penalty: imprisonment for a term not exceeding five years.
What must be proved
| Element | Detail |
|---|---|
| A parent | The offence is confined to a parent, not to any person having care |
| Abandons a child | “Child” means a person under 18 (s 2) |
| Consequence | Life endangered or likely to be, or health permanently injured or likely to be |
| Without reasonable excuse | An excuse defeats the charge |
Section 47 requires a consequence: danger to life, or permanent injury to health — actual or likely.
That leaves cases of abandonment without such danger to the child protection machinery rather than the criminal law. Paragraph (b) of the definition of a child in need of protection covers a child abandoned by his parents where adequate provision has not been made for his care — with no requirement of danger to life.
So the two provisions work together: section 47 punishes the worst abandonment; the definition triggers protection in every case.
These words matter in Papua New Guinean conditions. A mother who leaves a newborn at a hospital or an aid post, or with a relative, in circumstances of destitution or fear is in a very different position from a parent who abandons a child in the bush.
The Act’s own structure supports that reading. Section 4(b) makes it an objective to provide appropriate assistance to parents, and section 5(1)(f) requires support to the family wherever practicable. Section 83 separately deals with pregnant women.
Section 48 — taking an abandoned child
(1) A person other than the Office for Child and Family Services who removes an abandoned child from a hospital nursery is guilty of an offence. Penalty: imprisonment for a term not exceeding six months.
(2) A person other than the Director or his delegate who authorises the removal of an abandoned child from a hospital nursery is guilty of an offence. Penalty: a fine not exceeding K2,000.00 or imprisonment for a term not exceeding 12 months, or both.
Subsection (2) carries twice the maximum imprisonment of subsection (1), plus a fine. The person who authorises the removal is typically a hospital official whose word will not be questioned — the position of trust makes the conduct worse and the risk of child trafficking or sale greater.
Abandoned newborns in hospital nurseries are an obvious target. Sections 48(1) and (2) put a legal barrier around them, reinforced by section 82 (sale of children) and by paragraph (k) of the definition of a child in need of protection, which covers a child involved in child trafficking.
Section 48(3) to (5) — what a finder must do
Notwithstanding subsections (1) and (2), where a person, in the case of a child who has been abandoned soon after delivery, believes on reasonable grounds that the child is without parental care, he shall, within 48 hours, report the matter to the Office, and shall —
(a) take the child to a person or place of safety designated by the Director; or
(b) arrange for temporary out-of-home care to be provided until other parental care is available.
(4) The Office shall take all reasonable steps to notify the child’s parent of any steps taken under subsection (3).
(5) A person who fails to comply with subsection (3) is guilty of an offence. Penalty: a fine not exceeding K500.00 or imprisonment for a term not exceeding six months, or both.
Do not simply take an abandoned child — subsections (1) and (2).
Do report within 48 hours and place the child safely — subsection (3).
Failing to do so is itself an offence — subsection (5).
The distinction is between taking a child away and getting a child to safety through the Office. The first is punished; the second is required.
Where section 47 sits
Section 8 — the duty of a parent to maintain a child; abandonment is its complete breach.
Section 46 — an abandoned child in danger may be taken charge of without any court order.
Section 49(3) — a person who has possession of a lost, runaway or abandoned child shall immediately notify the Office.
The Adoption of Children Act (Chapter 275) — where no parent can be found, consent to adoption may be dispensed with.
The Criminal Code — abandonment causing death or grievous bodily harm may found far more serious charges than section 47.
Sources
- Lukautim Pikinini Act 2015 — ss 2, 4, 5, 8, 46–49, 82, 83
- Adoption of Children Act (Chapter 275)
- Criminal Code (Chapter 262)
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.