Safe-Haven Laws Help Protect Newborns

In 1999, Texas became the first state to enact a "safe haven" law, which is intended to protect children from neglect, abuse, abandonment, or infanticide. Safe-haven laws, versions of which now exist in 48 states but vary from state-to-state, allow parents to safely relinquish custody of newborn infants at hospitals, police stations, fire stations and EMS stations. As of February 2008, only Alaska, Nebraska and Washington, D.C., have no safe-haven laws.

Who May Relinquish a Child

Depending on the state, the birth mother, the birth father, legal guardians, and/or individuals acting as representatives of the parents may bring a child to a safe haven.

The Age of a Child

Most states require that children be no more than one month old, but some states accept children no more than 72-hours-old and others permit children as much as 1-year-old. The timeframe is deliberately narrow in order to ensure that newborns receive adequate care.

Immunity from Prosecution

Some states guarantee that the parents of unharmed infants will not be prosecuted for abandonment, others reduce the severity of charges or make clear that relinquishing a child at a safe haven is an affirmative defense in the event of prosecution. If a child has been abused or neglected, the parent or guardian loses all guarantees of anonymity or immunity of prosecution.

Ability to Reclaim a Child

Depending on the state, parents may have the opportunity to regain custody of their child if they change their mind within a defined time period. In most states, the birth father retains all parental rights if he was unaware that the child's mother relinquished control of the child.

Relinquishing and Adoption

When a child is brought to a safe haven, the employee may ask the parent about the child's medical and family history, though the person relinquishing the child is not required to provide any information. Staff may also provide the parent with information regarding their parental rights once the child is relinquished.

Once a child is given to staff at a safe haven, the infant will be turned over to child-welfare authorities, receive necessary medical care and, eventually, be placed with adoptive parents.

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