New mothers are often overwhelmed with the emotion, stress, and challenges of caring for a newborn. Every state has enacted a “safe haven” law to eliminate unnecessary infant deaths. Under these laws, parents who wish to give up their child, may leave their newborn baby at an approved location. Each state’s laws are different, though, so it’s important to understand the limitations, otherwise, parents may face charges for improperly abandoning their children.
While nearly every state offers new parents the option to abandon a child voluntarily, most states have varying laws on how old the child must be to qualify for safe haven. In Michigan, for example, the law permits a parent to surrender a child no older than 72 hours to an emergency medical provider. In Rhode Island, however, parents can abandon a child that is less than 30 days old without fear of prosecution.
Some states, like Missouri, allow parents to abandon a child anytime before the child turns 45 days old. If the child is older than 45 days, but less than one year, parents may use the safe haven law as an affirmative defense against criminal charges of abandonment and child endangerment.
If you surrender a child that is over your state’s qualifying age limit, the safe haven law doesn't apply.
Like the varying age limits, states have specific, approved locations and medical professionals that can legally receive infants under the safe haven laws. It’s critical that you understand what your state law requires.
For example, in Ohio, parents can leave an infant with a medical worker in a hospital, a fire department, or a peace officer at a law enforcement agency. But, some states offer more options. For instance, if you live in Arizona, the law not only permits you to surrender your child to an on-duty fire station, hospital, or on-duty emergency medical technicians (EMT), but also allows parents to leave their child with a private welfare agency, adoption agency, or church, if the agency has a sign posted that identifies it as an accepting safe haven for children.
If you don't fully understand your state's safe haven laws, you can call your local police department and ask for more information without leaving your name.
Safe haven laws are meant to protect parents from criminal prosecution if they haven’t harmed the child. If you leave your child in an approved location, and the child isn’t injured or sick, the state is unlikely to file charges of abandonment. However, if your child shows signs of abuse or neglect, the safe haven laws won't apply, and someone may detain you until the police arrive.
Some states require an agent of the facility where you leave the child to provide you with information regarding the legal impact of surrender or abandonment. Other states may require that the facility or agency tell you how to get the child back if you have a change of heart.
The agent may also ask you to sign documents relinquishing your parental rights to the child. If you haven't decided to give up your child permanently, or you're confused about the paperwork, don't sign anything until you've had a chance to consult with an attorney.
Regardless of where you live, an abandoned child will almost always undergo a medical exam to ensure the child is healthy and doesn’t need immediate medical attention. Once the doctors clear the child, the facility or approved agent will contact the local child welfare department and begin the process of placing the child in the foster care system.
If the biological parent abandoned the child and gave up all parental rights, and the court can’t locate the other natural parent, it may begin the process of placing the child for adoption.
Safe haven laws are different in every state, and every case is unique. If you aren’t confident that you understand your state's requirements, you should speak with a knowledgeable attorney before leaving your child. Remember, safe haven laws will only protect you if you surrender your child within the state's time frame, at an approved location. If you fail to meet the requirements, you may face criminal punishment.
If you've reached the point where you're considering abandoning your newborn, you may find it helpful to speak to your doctor, a mental health expert, and/or a family law attorney or adoption attorney in your area. You may want to ask about other alternatives, like adoption, which could work better for you and your baby.
