Is it illegal to pretend a baby you are babysitting for is yours?

If she is making false statements in order to get someone to act those statements, it can be fraud. For example, claiming the baby is hers on tax return, or applying for benefits, or suing for child support, etc.

Otherwise, probably not a legal issue.

If you can't speak to the parents and choose to report her to the police or CPS based on just what you have said here, that could be legally dangerous for you. Calling the baby her own is not dangerous to the baby and is not a matter for CPS or the police. If you make a report and get the ball rolling on what turns out to be a baseless investigation, your niece and the parents could turn the legal tables around and sue you.

On the other hand, if you have first hand information that this child is in real danger of physical harm or kidnapping, report it.

EDIT for Barry C - I am not trying to discourage anyone from taking legitimate action, but just identifying potential issues. As we see here on YA, people want to sue other people all the time for slander and defamation. There is a risk, even in California, that someone may sue after a closed investigation. Whether they win or not is another thing altogether. And state laws will vary as to protection afforded to "good Samaritans".

I'm also a little confused here about the mental state of this girl. Her problems did not even "really warrant" therapy before, but now that she is proudly, sadly, showing off a baby as her own, she is dangerous?

The additional details also now state that mental health resources are limited. Hmm. What to do. I guess I would follow her and find out where this baby actually lives. Then I would talk to the parents.

But beyond that, I really cannot see any grounds for CPS, police involvement or any involuntary mental health intervention.

Sheesh, how much evidence do you guys need before trying to get her mental health care?

Call social services and get her in the system for a full evaluation, and then go from there.

Edit:

Raicha, whose opinions I usually find well founded, wrote:

> If you can't speak to the parents and choose to report her to the police or CPS based on just what you have said here, that could be legally dangerous for you. Calling the baby her own is not dangerous to the baby and is not a matter for CPS or the police. If you make a report and get the ball rolling on what turns out to be a baseless investigation, your niece and the parents could turn the legal tables around and sue you.

That is simply not true, at least not here in California. You are protected by good Samaritan laws for placing the calls, and you may do so anonymously. Unlikely to be significantly different in other states, but YMMV.

Her health care providers or others she comes into contact with regularly may also be mandated reporters - you can bring the issue to their attention.

This is a very dangerous situation for that baby. If your neice is unstable she should not be babysitting anyone's child. Try to find out if she picks up the baby in the morning or if it is dropped off, it is important enough for someone in the family to do this, for the baby's sake. If the parents are seen by doing this, let them know she has had mental problems and is telling people the baby is hers. I'm sure they will no longer let her take care of their child. The boyfriend should ask for a dna test to prove the child is not his and if she doesn't allow it he should tell her he is going to get it done legally. This might make her tell the truth. Good luck

Ummmm, are you a mom yourself? If a mentally ill person was even watching your child while you ran to get the mail, wouldn't you want to know?

This could turn into a MAJOR issue and the parents of that baby should be alerted to her history right away!

Holy cow! This is exactly why I do not hire in babysitters for my children. My mom or mother in law only watch my children and I get nervous about that!

You can not trust anyone these days!!!!

Hi, You are in a sticky situation in many respects. I hope she is really babysitting for someone and hasn't made off with a baby from somewhere. That would be my first concern since you don't know whose baby it is and why she is posing as its mother. The Louisianna version of Child Protective Services might be the place to start even if the child is hers and you question her mental stability.

I doubt it is illegal for her to pretend she is the mother or if it is illegal, not going to be pursued by anyone unless she threatens to harm the baby or take off with the baby.

Maybe you or her mother(or both) can drop in on her one evening and see if the baby is with her at night. Her mother might be better suited to it if she is willing to possibly confront her daughter.

Good luck- M

HOLY CRAP! if this was my child I would be fuming! You should notify the parents of the baby or the police ASAP before something happens to the child while in her care. It sounds like she needs medical attention right away. It may not be illegal but it is definitely no normal or right!

She is 23 theres not much you can do unless shes hurting the baby or herself.

Lying is not illegal unless it is done for the purposes of defrauding someone. If she is saying "please give me money to help support my new baby" she could be arrested for fraud.

if she is just running around saying "isn't my baby cute?" then no law is being broken.

Get her to a dr to see if she is ,sorry, 'all there' cause if she is doing this now, she might even steal a baby one day.You never know.Get help asap.hope this helps

that can be dangerous for her and the child.