Infant Safe Haven Laws

To address infant abandonment and infanticide, infant safe haven legislation has been enacted as an incentive for birth mothers in crisis to place their babies in a safe haven where the baby will be protected and provided with medical care.

Beginning in 1999 "Baby Moses laws" or infant safe haven legislation has been enacted in most U.S. states as an incentive for a birth mother in crisis to safely relinquish her baby.

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.

In most States with safe haven laws, a parent may surrender the baby to a safe haven but is some states only the mother may relinquish the infant. Other States allow either parent of the baby, an agent of the parent or another person having custody of the child to take the baby to a safe haven.

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.

Anonymity for the parent or agent of the parent may be expressly guaranteed in the state's law or the law may state that the safe haven cannot compel the parent or agent of the parent to provide identifying information.

In most States with safe haven laws, custody of the infant who has been relinquished will be transferred to the Child Welfare Department.  This Department has responsibility for placing the child into foster care, usually in a pre-adoptive home, and for petitioning the court for the involuntary ending of the parental rights of the birth mother and the rights of the birth father.

To find information about safe havens in all of the States and territories, view the complete printable PDF, Infant Safe Haven Laws: Summary of State Laws (PDF - 636 KB).  You may as lo want to read the Child Welfare Information Gateway article Infant Safe Haven Laws.

Another option to placing a child in a safe haven is to contact us at Adoption Services so we can help assure your child will not go into the state child welfare system, will not be placed into foster care, but will be placed with a pre-approved loving adopting family.  We are available 24 hours/day, 7-days/week.  Call us and we will immediately help you.