Concealment of birth is the act of a parent (or other responsible person) failing to report the birth of a child. The term is sometimes used to refer to hiding the birth of a child from friends or family, but is most often used when the appropriate authorities have not been informed about a stillbirth or the death of a newborn. This is a crime in many countries, with varying punishments.
Australian Capital Territory
Section 47 of the Crimes Act 1900 creates the offence of concealment of birth. http://www.austlii.edu.au/au/legis/act/consol_act/ca190082/s47.html
New South Wales
Section 85 of the Crimes Act 1900 creates the offence of concealment of birth. http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s85.html
Northern Territory
Section 163 of the Criminal Code Act creates the offence of concealment of birth. http://notes.nt.gov.au/dcm/legislat/legislat.nsf/d989974724db65b1482561cf0017cbd2/9cb8a71f87a31ce6692575070015992f?OpenDocument
South Australia
Section 83 of the Criminal Law Consolidation Act 1935 creates the offence of concealment of birth.https://web.archive.org/web/20080809015332/http://www.legislation.sa.gov.au/LZ/C/A/CRIMINAL%20LAW%20CONSOLIDATION%20ACT%201935/CURRENT/1935.2252.UN.PDF
Western Australia
Section 291 of the Criminal Code (Schedule to the Criminal Code Compilation Act 1913) creates the offence of concealing the birth of children. http://www.slp.wa.gov.au/pco/prod/FileStore.nsf/Documents/MRDocument:11259H/$FILE/CrimCd_14-00-01.html?OpenElement
Tasmania
Section 166 of the Criminal Code Act 1924 creates the offence of concealment of birth.http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=69++1924+AT@EN+20070902000000;histon=;prompt=;rec=-1;term=
Victoria
Section 67 of the Crimes Act 1958 creates the offence of concealing birth of a child.http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/s67.html
Section 242 of the Canadian Criminal Code (injury to, or death of, a child due to its mother neglecting to obtain assistance in child birth with intent that it should not live or to conceal its birth).http://laws.justice.gc.ca/en/ShowDoc/cs/C-46/bo-ga:l_VIII::bo-ga:l_IX//en?page=6&isPrinting=false#codese:242 (English) http://laws.justice.gc.ca/fr/ShowDoc/cs/C-46/bo-ga:l_VIII::bo-ga:l_IX//fr?page=6&isPrinting=false#codese:242 (French)
Section 243 of that Code (concealing the dead body of a child with intent to its conceal birth).http://laws.justice.gc.ca/en/ShowDoc/cs/C-46/bo-ga:l_VIII::bo-ga:l_IX//en?page=6&isPrinting=false#codese:243 (English) http://laws.justice.gc.ca/fr/ShowDoc/cs/C-46/bo-ga:l_VIII::bo-ga:l_IX//fr?page=6&isPrinting=false#codese:243 (French)
In England and Wales, and in Northern Ireland, section 60 of the Offences Against the Person Act 1861 creates the offence of concealing the birth of a child:
The words "with or without hard labour" omitted in the first place were repealed for England and Wales by section 1(2) of the Criminal Justice Act 1948.
The proviso to this section, as extended by any subsequent enactment, was repealed for England and Wales by section 10 of, and paragraph 13(1)(a) of Schedule 2 to, and Part III of Schedule 3 to, the Criminal Law Act 1967. Originally, the proviso allowed the jury to find an alternative verdict of this offence on a charge of murder. In England and Wales, it was subsequently extended to allow the jury to find an alternative verdict of this offence on a charge of child destruction[1] or a charge of infanticide.[2]
| Short Title: | Concealment of Birth of Bastards Act 1623 |
| Type: | Act |
| Parliament: | Parliament of England |
| Long Title: | An Act to prevent the destroying and murthering of bastard children. |
| Year: | 1623 |
| Citation: | 21 Jas. 1. c. 27 |
| Royal Assent: | 29 May 1624 |
| Status: | repealed |
| Collapsed: | yes |
| Short Title: | Concealment of Birth of Bastards Act 1707 |
| Type: | Act |
| Parliament: | Parliament of Ireland |
| Long Title: | Act to prevent the destroying and murthering of Bastard Children. |
| Year: | 1707 |
| Citation: | 6 Anne c. 4 (I) |
| Status: | repealed |
| Collapsed: | yes |
Section 60 of the Offences Against the Person Act 1861 is framed on section 14 of the Offences Against the Person Act 1828 (which applied to England, including Wales and Berwick) and section 17 of the Offences Against the Person (Ireland) Act 1829 (10 Geo. 4. c. 34), which applied to Ireland.[3] This offence was previously created by section 4 of Lord Ellenborough's Act (43 Geo. 3. c. 58) (1803). This in turn replaced "An Act to prevent the Murthering of Bastard Children", the (21 Jas. 1. c. 27)[4] and another act (6 Anne c. 4 (I)) applying to Ireland, which were repealed by section 3.
The words "if any woman shall be delivered of a child, every person" were retained in section 60 after a division in the select committee of the House of Commons, and the members were equally divided upon the subject. The word "secret" was in like manner retained after a division in the committee.[3]
An offence under section 60 of the Offences Against the Person Act 1861 could not be tried at Quarter Sessions.[5]
Section 31 of the Offences Against the Person Act 1828 made provision in relation to any person who should counsel, aid or abet the commission of, amongst other things, a misdemeanour under section 14.
In South Africa, section 113 of the General Law Amendment Act, 1935, amended by the Judicial Matters Amendment Act 66, 2008,[6] creates the offence of concealing the birth of a child:
In the United States, concealing birth was once a crime punishable by capital punishment. In 1785, Hannah Piggen from Massachusetts was the last person to be put to death for concealing the birth/death of an infant.[7]
Concealing birth remains illegal in many states. Its seriousness as a crime, however, differs from state to state, ranging from a felony in Arkansas[8] to a misdemeanor in Washington.[9]