Imagine being 16 and pregnant and living on the streets wondering how you are going to get through the night let alone care for a baby. So you consider your alternatives; abortion (you are too far along), adoption (leaves a paper trail), or simply leaving the newborn in a trash can for someone else to find. In 1991 people found 65 abandoned infants in public places, 8 were dead; in 1998 there were 105 abandoned infants found and 33 dead. These staggering statistics prompted lawmakers in Texas, 1999, to pass the first Infant Safe Haven Law (aka “Baby Moses Law”). The law protects mothers from being prosecuted and had the right to anonymity if she decides to surrender her newborn to a hospital, welfare office, or EMS provider and the child has to be less than 60 days old. As of 2008 all 50 states have a similar law to protect new mothers and babies. No two states have the same Safe Haven laws. State variations include the age of the child that is left, who can leave a child, and where the child can be left.

The ages a child can be surrendered range from 72 hours to one year old (North Dakota). In 2008 Nebraska learned the hard way with not putting an age limit on how old a child can be for a parent to drop a child off; suddenly parents were dropping off entire families, which included teenagers (http://www.usatoday.com/news/health/2008-09-25-Left-kids_N.htm). After 35 children (all over the age of 10) were left at adoption agencies and father dropped off his 9 children ages ranging from 1-17 Nebraska lawmakers quickly changed the law that a child over 30 days could not be surrendered under the Safe Haven Act.

State laws also vary on where the child can be dropped off. All states allow the baby to be left at a hospital, but some states allow a mother to drop off her baby at an adoption agency, place of worship, birthing center, police and fire department, EMS worker, or a responsible adult. The person that can surrender a child also changes from state to state; some state laws only allow the biological mother, others any biological parent and other states allow the caregiver.

When the surrendering parent drops off the baby he or she will be asked for his or her name, address, the name and address of the non-surrendering parent, and medical records of the child. Legally the surrendering parent DOES NOT have to answer any of these questions and will not be charged with abandonment UNLESS the child has signs of abuse and neglect. Immediately after the child is surrendered the baby must be transported to the nearest hospital for a thorough check-up for signs of abuse and neglect. If there is any sign of abuse and neglect a parent could be criminally prosecuted. Also the agency must search the Exploited and Endangered Children Registry. For most states an investigation will be made to find the non-surrendering parent. This investigation includes searching the baby’s medical records, if available, the Putative Father Registry, and any other means deemed necessary by the court.

In 2001 Montana legislation passed the “Montana Safe Haven Newborn Protection Act”. This act allows desperate mothers a safe place to leave their baby. In Montana either biological parent is allowed to surrender a newborn under the age of 30 days at a hospital, fire department, police or sheriff department, detention center, and at a jail or prison. A baby can also be surrendered to a uniformed employee of any of these emergency services providers. Once a baby is surrendered he or she will also be placed in the care of Child and Family Services Division (CFSD), where a Child Protective Specialist (CPS) worker will place the baby with a family. The surrendering parent will be asked a series of questions, but the parent does not have to answer any of them. A parent will not be charged with abandonment UNLESS there are signs of abuse or neglect on the child. If there are signs of abuse or neglect CFSD must conduct an investigation. A parent has 60 days to change his or her mind and take back the child, if the parent waits longer than 60 days he or she must petition the court to regain custody with a strong possibility the child will not be returned to you. A court hearing will be set to terminate parental rights, which will give full custody of the child to CFSD making the baby eligible for adoption and the parent will no longer have any right to make decisions for the child or be notified of any court hearings regarding the child. If the other parent is not present at the time the child is surrendered CFSD must make an effort to locate and find him or her and see if he or she would want custody of the child. If the other parent cannot be located a public notice will be published in the newspaper that states when and where the court hearing will be held to terminate parental rights of both parents.

With any law there is controversy and Safe Haven Laws are no different. One of the most controversial points is the right to anonymity unless there is child abuse. Supporters of the laws claim the only way a parent feels safe surrendering a child would be if his or her name is unknown. While on the opposition claims have been made that the laws allows the surrendering parent to hide the child from the other parent, who has the right to know about his or her child. In 2006 a case was made in the Supreme Court that the laws are unconstitutional by an alleged personal harm case. However the case was later dismissed due to the alleged harm did not rise to the level necessary to justify public action. In late 2007 an Ohio Court of Common Pleas ruled the entire “Ohio Deserted Child Act” void for violating the Supreme Court rulemaking authority.  

An unplanned pregnancy can be devastating to a mother and father, but there are safe options. The reality is parents still leave their newborn in unsafe places, but this can be stopped if more people become educated on local Safe Haven laws, especially young mothers who are more likely to abandon their child. Safe Haven laws are not perfect, but neither are people, and the laws are a much safe alternative than a trash can.    

For more information about the Montana Newborn Protection Act please visit: http://www.nationalsafehavenalliance.org/states/montana/Montana_Safe_Haven_Law.pdf

DPHHS: http://www.dphhs.mt.gov/cfsd/publications/montanasafehavennewborn.shtml

Toll Free National Crisis Hotline: 1 800 510 BABY (2229)

by Amanda Nigrello