On September 1, 1999, Texas House Bill 3423 went into effect and it was the first law of its kind. The law was called a Safe Haven law and it allowed “parent or other person who is entitled to possess a child 30 days old or younger” to voluntarily leave that child in the possession of an emergency care provider. They would be legally immune to prosecution provided that they did not endanger the child during the delivery. Since that time, 45 states have followed.
These and other laws like them were to protect the children that were abandoned as newborns in garbage dumpsters and in public places. The Texas law does not require the parent or person delivering the child to identify themselves. The law does not require them to sign any document relinquishing their parental rights. The law does not require that they leave any medical or family information. The law does nor provide for a parent changing their mind. The law does not require the state or the safe haven to obtain any of this information.
In Minnesota, their A Safe Place for Newborns allows for mothers to drop off an unharmed newborn anonymously. She will be asked to volunteer medical information, but they will not require her to give it. They will also not ask her for identification or signed relinquishment.
In Alabama, A Secret Safe Place for Newborns stresses that no questions will be asked and that newborns up to 72 hours old can be dropped off at emergency rooms and participating hospitals with total secrecy and there will be no charges of abandonment. The difference in Alabama and Minnesota is that they provide an identity bracelet to the mother that will match one on the child should she later change her mind.
Safe haven legislation is designed to protect newborns and infants in the event of a multitude of circumstances. They do not ask for nor do they expect excuses — all they want is the child in safe hands rather than abandoned to a garbage dumpster, a trash can or left exposed in a mall, park or other public place.
Safe haven laws protect babies and they give mothers who feel like they have no other choice, a safe place for their baby to go. Do you have safe haven laws in your state?
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