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The Safely Surrendered Baby Law (also known as the Safe Haven Law) allows a parent or person with lawful custody to surrender a baby confidentially to a Safe Surrender site, without fear of arrest or prosecution for child abandonment.

Clarifying Legal and Procedural Issues in the Safely Surrendered Baby Law.

New laws in 49 States went into effect.  Known as the “Safely Surrendered Baby Law,” the law states that “no parent or other person who has lawful custody of a minor child 72 hours old or younger may be prosecuted for child abandonment if he or she voluntarily surrenders physical custody of the child to an employee at a public or private emergency room.”

Newborns may also be safely surrendered at City and County Fire Department stations and other fire stations designated by the County Board of Supervisors and City Councils.  

The following are common questions and answers regarding the legal provisions and procedures included in the Law:  

What is the Safely Surrendered Baby Law? 

Safely Surrendered Baby Law allows parents to confidentially give up their baby, 72 hours or younger. As long as the baby has not been abused or neglected, parents may give up their newborn without fear of arrest or prosecution.  

The law guarantees confidentiality to the surrendering adult. What does this mean?

A parent who safely surrenders a baby does not have to give her name. If a parent chooses to give her name or other identifying information, only individuals who need to know the identity and whereabouts of a surrendering parent will have access to such information, thus guaranteeing confidentiality. Such individuals may include the judge and the attorneys in court who ensure that the baby is safe and placed in a pre-adoptive home.  

Who does the law allow to bring the baby to a Safe Surrender site?

The law allows the parent or other person with lawful custody to bring the baby to a Safe Surrender Site.  

Does the law allow a parent to leave his or her newborn at the entrance of a Safe Surrender site?

NO. To ensure the safety of the newborn, the parent or person with lawful custody must give his or her baby to an employee of the Safe Surrender site.  

Does the parent have to tell anything to the person taking the baby at the Safe Surrender site?

NO. However, the parent will be asked to fill out a questionnaire designed to gather important medical history information, which is very useful in caring for the baby. Although filling out the questionnaire is not required, it is encouraged. If she wishes, the parent can take the questionnaire home and mail it back to the hospital once it has been completed. The medical questionnaire does not require any information that would compromise the confidentiality of the parent.

What is the process for a parent to reclaim his or her child within the XX-day timeframe outlined in the Safe Surrender Law?

Within XX days from the date a parent surrenders a baby, the parent should call the County Department of Children and Family Services and this could include a Child Protection Hotline.  Each State has different information and names of agencies including the amount of days allowed.  We will try to list on this site those laws for each state and the amount of days.  A social worker will meet with the parent and assess his or her home to determine whether the baby can be safely returned to the parent.  

What happens if a parent wants to reclaim his or her child after the XX-day timeframe?

A parent should call the County Department of Children and Family Services or Child Protection Hotline.  Because the baby’s case will be in court, the parent may have to attend court hearings in addition to meeting with social workers and having his or her home assessed.  

What is the purpose of the identification bracelet that is placed on the infant and provided to the surrendering adult at the Safe Surrender site?

The bracelet assists the social workers in determining who a baby’s parents may be in those cases where a parent requests the baby back.  The bracelet does not establish parentage or right to custody of the child.  

What happens to the baby if a parent does not attempt to reclaim his or her child?

Upon receiving the surrendered baby, social workers immediately place the baby in a safe and loving home and begin the adoption process.