Current through September 2003
What You Need to Know
In response to a seeming increase in the incidence of newborns and infants found in dumpsters and trash cans in recent years, State legislatures have felt the need to address this form of abandonment and infanticide.
Beginning in Texas in 1999, "Baby Moses laws" or infant safe haven legislation has been enacted as an incentive for mothers in crisis to safely relinquish their babies 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 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, 43 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. Two States, Minnesota and Tennessee, limit relinquishment to the infant's mother, while many others allow either parent of the baby or an agent of the parent (someone who has the parent's approval) to take the baby to a safe haven. Five States 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.
Infants as old as 72 hours may be relinquished to a safe haven in many States, although North Dakota's safe havens will accept a child as old as 1 year.
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 mandate that the parent or agent of the parent 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 defense1 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.
Custody of Relinquished Child
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.
To see how your State addresses this issue, visit the State Statutes Search.
1 In a State with an affirmative defense provision, a parent or agent of the parent can be charged and prosecuted, but the act of leaving the baby safely at a safe haven can be a defense to an accusation of abandonment, abuse, neglect, or child endangerment. back
The Statutes-at-a-Glance listings summarize specific sections of each State's code. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as in agency regulations, case law, and informal practices and procedures. Readers interested in interpretation of specific statutory provisions within an individual jurisdiction should consult with professionals within the State familiar with the statutes' implementation.
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