What are Infant Safe Haven Laws

Infant safe haven laws are in place so that parents can safely and easily give up their babies if they are unable or unwilling to care for them. These laws are in effect for all states and territories of the United States.

Each state or territory has its own specific law. Each state or territory also specifies the places where you may go to surrender your baby. These may include:

• Hospital emergency rooms.
• Police stations.
• Fire departments.
• Hospitals.
• Emergency medical services providers.
• Churches.

In all cases, when a baby is surrendered, the baby must be given to a person. It is dangerous and illegal to leave a baby at a door or in a place where no one is there to receive the baby.

Why are there infant safe haven laws?

Infant safe haven laws protect babies from being abandoned. Abandonment is illegal and very dangerous for a baby. These laws help to prevent:

• Abuse.
• Neglect.
• Death of the baby.

The laws also help parents who cannot properly and safely care for their babies.

How do infant safe haven laws work?

According to infant safe haven laws:

• A parent who is not able or willing to take care of his or her baby can privately, safely, and legally give up the baby within a certain number of days after the baby is born. The number of days depends on the state or territory.
• The baby can be taken to a place or a person by the parent, legal guardian, or legal custodian. Who can give up the baby also depends on the state or territory.
• The parent’s name may be kept private. The parent is also assured that the baby will be well cared for.
• There will not be any arrest or prosecution for child abandonment as long as the baby has not been abused or neglected.

When possible, the parent or legal guardian will be asked to give information about:

• The baby’s birth.
• The care that the mother and baby received before birth (prenatal care).
• Any medical problems the baby has.
• The baby’s parents, including their background and medical histories.
• Any history of medical, mental, or physical problems in the baby’s family.

This information is not required by every state or territory, but it helps with the future health and proper care of the baby. Parents or guardians are usually given a form with questions to fill out.

What happens to the baby?

The person who receives the baby will make sure that the baby is:

• Kept warm.
• Properly fed.
• Comfortable.
• Unharmed.

The baby will get a medical exam and any needed treatment. In most cases, the local child welfare department takes custody of the baby and places him or her in a foster home or a pre-adoptive home. If the baby is given to an individual responsible adult, that adult should call his or her local emergency services (911 in the United States) and local social services.

Can the baby be reclaimed by the parent?

Some states or territories have a period of time during which the law allows a parent to take back (reclaim) the baby. In other states or territories, as soon as a baby is surrendered, parents cannot reclaim the baby (parents surrender their parental rights). If a parent did not know that his or her baby was given up, the parent can go to the proper authorities and apply to reclaim the baby. This process also varies by state or territory.

In many cases, if the parent or parents wish to reclaim the baby, a social worker will meet with them and assess:

• The home situation.
• The resources and environment.

The social worker and the authorities will then decide if it is safe and in the best interest for the baby to be returned to the parent or parents.

Where can I find more information about infant safe haven laws?

To find out about the laws in your state or territory, call your local social services association.

You may also go online to: www.childwelfare.gov/topics/systemwide/laws-policies/statutes/safehaven  

Summary

• Infant safe haven laws are in place so that parents can safely and easily give up a baby if they are unable or unwilling to care for the infant.
• These laws are in effect for all states and territories of the United States. Each state or territory has its own law. The state or territory laws specify the places where you may go to surrender a baby.
• In all cases, when a baby is surrendered, the baby must be given to a person.
• The baby will get a medical exam and any needed treatment.
• In most cases, the local child welfare department takes custody of the baby and places him or her in a foster home or a pre-adoptive home.