‘There’s a mother in distress’: Fetus found in dumpster sparks renewed push for safe surrender awareness

Pam Allen, founder of Eagles Flight Advocacy & Outreach, said San Antonio’s first Safe Haven Baby Box is slated to be installed this summer.

SAN ANTONIO — A lone candle marks the beginning of a makeshift memorial one day after a fetus was found dead in an apartment dumpster on San Antonio’s north side. 

As the police investigation continues, child welfare advocate Pam Allen is pushing to spread awareness once again about the options available for mothers in crisis. 

“This is a very tragic thing to happen in our community,” Allen said, who leads the nonprofit organization known as Eagles Flight Advocacy and Outreach.

A man told investigators he was dumpster diving Tuesday afternoon at the Canlen West Apartments off the 3500 block of West Avenue when he came across a fetus with arms and legs wrapped in a diaper bag. 

The circumstances surrounding how the fetus ended up in the dumpster are currently being investigated. 

“There’s a mother in distress right now,” Allen said. “If we need to step in to give this baby a proper burial, we will.”

Allen said the incident is a reminder of the importance of the Baby Moses Law, legislation that allows mother to safely surrender their newborns at designated sites without fear of prosecution. 

“November, December and January, we had three babies in a row be abandoned,” Allen said. “Two of them survived, one did not and now we’re facing another deadly abandonment.” 

The December case involved a mother who police said gave birth to a stillborn baby in the bathroom of a Whataburger. 

The mother was charged with abuse of a corpse. 

According to court documents, first responders found a baby in the toilet who did not survive. 

Charges were dropped on May 19 after court records indicated there was insufficient evidence to proceed with the case. 

An affidavit stated firefighters found a baby in a toilet, still enveloped in its amniotic sac. They freed the baby and began immediate efforts to revive the little girl.

The Texas Legislature passed the Baby Moses Law in 1999 and expanded the legislation in 2023. The updated law permits mothers to anonymously give up their unharmed infants up to 60 days old at hospitals, fire stations and clinics that are equipped with the Safe Baby Site logo without facing legal consequences. 

“That’s the biggest issue is that understanding that if you need to safely surrender your infant, that you will not be prosecuted,” Allen said. “If you safely surrender your infant, there’s no need for a police investigation or incarceration.”

In an effort to increase public awareness, Allen said VIA Metropolitan Transit will begin placing informational signage about the Baby Moses Law on its buses starting next week. 

Allen has  been working with the city to install Safe Haven Baby Boxes secure drop-off locations that allow for anonymous an safe surrender of unwanted infants. 

Two years ago, the San Antonio City Council greenlit $250,000 to go toward 10-12 Safe Haven Boxes following the expansion of the Baby Moses Law. 

 San Antonio’s first baby box is expected to be installed this summer.

“We’re hoping these safety devices will make a difference,” Allen said.

To learn more about the Baby Moses Law, click here.

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