In most states a parent is considered to have abandoned a child if the parent does not make contact with the child and withholds financial support for a period of one or two years. Abandonment may be a basis to terminate a parent’s parental rights. But most states will not terminate a parent’s legal rights and obligations unless there is another adult—often a family member or stepparent—who wants to formally adopt the child.

Abandonment may result in criminal charges if a parent or guardian leaves a child under a certain age (15, for example) in any place and circumstance under which no reasonable adult would do so. For example, leaving a 8 year old child at the shopping mall may result in criminal charges of abandonment.

In New York, child abandonment is addressed under both family and penal law. Under the family law statutes, abandonment of a child is one of the grounds for terminating parental rights. It is generally defined as the failure of a parent to maintain contact with the child or provide reasonable support for a period of at least six months. Termination of parental rights on the basis of abandonment typically requires that there be another adult willing to assume the legal responsibilities of parenthood, often through adoption. On the criminal side, New York Penal Law considers it a crime to abandon a child under the age of 14, with the potential for charges such as endangering the welfare of a child. The specific circumstances, such as leaving a child in a place where their safety or welfare is at risk, are taken into account when determining whether the act constitutes criminal abandonment.