A newborn girl, Hermina, was held in a hospital for two months after authorities declared her “non-releasable” to her family due to poverty-related concerns. Following intervention by the Társaság a Szabadságjogokért (TASZ), the infant was finally reunited with her mother, Mária. This case highlights growing concerns regarding the application of a legal provision introduced in July 2025, which was intended to expedite the placement of at-risk children but has faced criticism for potentially facilitating the separation of families based on financial hardship.
The Legal Context of “Non-Releasability”
The “non-releasable” status was integrated into child protection law in July 2025 to streamline the placement of children in cases where the home environment is deemed unsuitable. According to government data, since the law’s implementation, district guardianship offices have issued 16 such decisions. The regulation mandates that the child welfare system must first attempt to resolve risks within the home through support services. If these efforts fail, the guardianship authority is empowered to intervene before the child’s birth, provided the danger to the child’s development is clearly established.
Did You Know? The legal provision for “non-releasable” status was designed to allow authorities to designate an interim guardian before a child is even born, aiming to prevent infants from remaining in hospitals without a clear legal representative.
Challenges in Implementation and Support
In Mária’s case, the guardianship authority justified the decision by citing the family’s financial struggles, the father’s irregular work schedule, and the concern that the mother would be “spread too thin” among her eight children. However, Nyitray Zsuzsanna, a legal expert at TASZ, argued that the law explicitly forbids separating a child from their family solely for financial reasons. The organization asserts that the home environment did not reach the threshold of severe endangerment, as the family had access to utilities and the children were not being abused.
Expert Insight: The two-month separation of Hermina from her mother underscores a critical systemic gap. While the law requires an individual assessment of risk, the lack of sufficient resources and support for families in crisis often leads to institutional intervention rather than the provision of effective, preventative social services within the home.
The Path Forward for Hospitalized Infants
The situation for infants left in hospitals remains complex, with data from the Országos Kórházi Főigazgatóság indicating that as of November 2025, 353 children were being cared for in hospital settings. These children typically fall into four categories: those relinquished for adoption, those with health-related needs, those genuinely at risk in their homes, and those like Hermina, whom families wish to raise but are legally prevented from taking home.
Future policy changes may depend on the priorities of current ministries. Kátai-Németh Vilmos, the Minister of Social and Family Affairs, has indicated that the government intends to prioritize the acceleration of adoption procedures and move toward using family separation only as a last resort. TASZ has formally requested that the government prioritize the resolution of cases involving infants stuck in hospital care within its first 100 days of action.
Frequently Asked Questions
Why was Hermina not allowed to go home with her mother?
The guardianship authority issued a “non-releasable” decision based on the family’s financial difficulties, the size of the household, and concerns regarding the mother’s ability to divide her attention among eight children.
What is the legal basis for separating a child from their family?
Under current law, a child may only be separated from their family if their physical, intellectual, emotional, or moral development is severely endangered. The law explicitly states that a child cannot be separated from their family solely due to financial reasons.
What happens to infants who are left in hospitals?
Infants in hospital care are either relinquished for adoption, kept due to health issues, held because the home environment is deemed unsafe, or held because the authorities have blocked the parents from taking them home despite the parents’ intent to raise them.
Could stronger preventative social support in the early stages of pregnancy effectively reduce the number of children separated from their families due to financial hardship?
