5/13/10

Safe Haven Laws

In 1999 Texas began what was known as the "Baby Moses law", now commonly known as infant safe haven laws.  The laws were enacted to encourage mothers in crisis to leave their infants in a safe designated location (generally a fire/police station or hospital) where the babies are provided for and a permanent home found.  The safe haven laws allow the parents to remain anonymous and protected from prosecution.

Approximately 47 states and Puerto Rico have safe haven laws.  Relinquishment rights vary from state to state.  Once a infant is abandoned the Department of Child Welfare is notified and immediately assumes custody.  The department is responsible for placement of the infant into an adoptive home.

Earlier this month twins were abandoned in Shawnee, Oklahoma.  They were left in a laundry basket in the back of a pickup truck at a Shawnee fire department.  The Oklahoma Department of Human Services has assumed custody and states the babies will likely be adopted quickly. Here in Oklahoma, there were 570 children (not all infants) abandoned in 2009 it is unknown how many of those were abandoned under the safe have law.

Controversy does exist around safe haven laws.  Proponents of the law say it prevents infanticide, abortion and child neglect.  Those who oppose the law say it provides an opportunity to surrender without notifying the non-surrendering parent and encourages the concealment of pregnancies.

For more information on safe haven laws visit:
National Safe Haven Alliance
Child Welfare Information Gateway
Summary of the State Safe Haven Laws
Unintended Consequences


3 comments:

Von said...

Does anyone ever think of the babies? They usually have no name, no identity will never know where they came from, who their parents are or their history, culture, religion, medical history.It matters deeply to adoptees, the older they get the more it matters.

Adoptive Momma said...

You are correct Von, that is one of the issues raised in the Unintended Consequences link. In the Shawnee, OK situation, the police were wanting to locate the parents for those exact reasons. However, that counters the point of the Safe Haven Law. It's a catch 22.

Anonymous said...

I heard Adam Pertman of the Adoption Institute touch on this several years ago, highlighting some of the issues in the Unintended Consequences study...it's interesting to me that these consequences aren't talked about much. Thanks for highlighting this issue!