SANTA BARBARA – Jessica Canfield claims she didn’t know she was pregnant.  Tragic, if true.  After delivering the infant, was the 24-year-old aware of her options?  These are just some of the questions that immediately leapt to mind after it was learned the Santa Barbara woman’s newborn was found dead in a curbside trash bin Wednesday.

“Mothers need to know their options when making life or death decisions about their newborns.” That, from Acting Assistant District Attorney Gordon Auchincloss in press release Friday.

(Gordon Auchincloss, SB Acting Asst. D.A./PHOTO-SB Co.)

The disturbing case puts baby abandonment back in the spotlight.

The Safely Surrendered Baby Law, went into effect in California in 2001.   It allows a mother to leave her newborn at a hospital without fear of criminal prosecution.  Officials say as of June 2008, 251 babies had been safely surrendered in the state.

Canfield is represented by Nina Marino of the Beverly Hills law firm Kaplan Marino.  ”I agree with law enforcement issuing this general warning,” Marino told THESBNN.COM.  ”It’s a natural reaction,” she went on to say, “but I wouldn’t presuppose its applicability in this case.”

When asked if her client’s baby was still born, Marino declined to answer.

“The law presupposes the woman knew she was pregnant.  It presupposes the child was born alive.”

Each year, more than 30,000 babies are abandoned illegally across the United

States.

There is a “Safe Haven Law” in at least 47 states including New Jersey, where people are horrified by an abandonment in the city of Edison.

A newborn was found lying naked in the freezing cold on top of parked car during a snowstorm last week.

The Star-Ledger reports the baby boy is in good condition thanks to an alert citizen.

In most cases babies are left in dumpsters or public bathrooms, often resulting in death.

“Our hope is that in our county we can continue to raise awareness of the Baby

Safe Law and the resources available to individuals in crisis so that we can prevent

tragedies like this from happening again,” said Pat Wheatley, Executive Director of First

5 Santa Barbara County.

The Los Angeles District Attorney’s office is waiting for the coroner’s ruling to determine its next step.  It could take 2 to 3 weeks.

That gives the public time to “presuppose”  Canfield’s explanation for allegedly tossing her daughter in the garbage.

© 2010 The Santa Barbara News Network.