Infant Safe Haven Laws

Infant safe haven laws have been enacted as an incentive for a woman in crisis to safely relinquish her baby to a safe haven where the baby will be protected and provided with medical care until a permanent home can be found. Safe haven laws generally allow the biological parent to remain anonymous and to be shielded from prosecution for abandonment or neglect.

The following has been adapted from the Child Welfare Information Gateway website.

State legislatures have felt the need to address infant abandonment and infanticide in response to an increase in the abandonment of infants.

Beginning in Texas in 1999, "Baby Moses laws" or infant safe haven legislation has been enacted. Safe haven laws generally allow the parent, or an agent of the parent, to remain anonymous and to be shielded from prosecution for abandonment or neglect in exchange for safely surrendering the baby to a safe haven.

To date, approximately 46 States have enacted safe haven legislation to provide a vehicle for the safe relinquishment of unwanted newborns.

Who May Leave a Baby at a Safe Haven

In most States with safe haven laws, a parent may surrender the baby to a safe haven. In four States (Georgia, Maryland, Minnesota, and Tennessee), only the mother may relinquish the infant, while Idaho specifies that only a custodial parent may surrender the infant. Other States allow either parent of the baby, an agent of the parent (someone who has the parent's approval), or another person having custody of the child5 to take the baby to a safe haven. Five States6 do not specify the person who may relinquish an infant.

Safe Haven Providers

Safe haven providers include hospitals, emergency medical services, police stations, and fire stations. Generally, anyone on staff at these institutions can receive an infant, and the provider is authorized to provide any care and treatment the infant may require.

In many States, the provider is required to ask the parent for family and medical history information. In some States, the provider is required to attempt to give the parent or parents information about the legal effects of leaving the infant and information about referral services. In all cases, the relinquishing parent may not be compelled either to provide personal information or to accept the information offered.

The focus of these laws is protecting newborns, and in approximately 16 States, infants who are 72 hours old or younger may be relinquished to a designated safe haven. Many other States accept infants up to 1 month old, while North Dakota's safe havens will accept a child as old as 1 year.

Immunity From Liability

Safe haven providers are given protection from liability for anything that might happen to the infant while in their care unless there is evidence of major negligence on the part of the safe haven.

Protections for the Parents

Anonymity for the parent or agent of the parent may be expressly guaranteed in statute, or the statute may state that the safe haven cannot compel the parent or agent of the parent to provide identifying information Some States provide an assurance of confidentiality for any information that is provided.

In addition to the guarantee of anonymity, many States limit prosecution or provide that safe relinquishment of the infant is an affirmative defense in any prosecution of the parent or his/her agent for any crime against the child, such as abandonment, neglect, or child endangerment.

The privileges of anonymity and immunity will be forfeited in most States if there is evidence of abuse or neglect of the child.

Consequences of Relinquishment

In most States with safe haven laws, custody of the infant who has been relinquished will be transferred to the department that handles child protective or child welfare cases.

The department has responsibility for placing the child, usually in a pre-adoptive home, and for petitioning the court for termination of the birth parent's parental rights. Several States have procedures in place for a parent to reclaim the infant, usually within a specified time period and before any petition to terminate parental rights has been granted. A few States also have provisions for a non relinquishing father to petition for custody of the child.

As an alternative to placing a child in compliance with a state's safe haven law, a woman can contact a non-profit adoption agency, such as Adoption Services., to assure the best possible placement for her child.  You can also contact me, Dr. Berger, the author of this website, and my staff and I will personally help you and your baby.