Baby Moses Laws: What to Know

This is the ultimate guide to Safe Haven baby laws by state. Whether you need to learn how to safely and legally surrender a newborn in accordance with your state’s safely surrendered baby law, you’re interested in learning how to adopt a baby who has been surrendered, or you’d just like to learn more about the Safe Haven laws in the U.S., this is where you’ll start.

Disclaimer: While we have done our best to include accurate and up-to-date information in this guide, know that laws are subject to change at any time. This article is intended for informational purposes only and should not be construed as legal advice. Always consult a local attorney for accurate information and legal advice. 

First, what is the Baby Moses law? Each state has its own version of a “Baby Moses” law. You may have also heard these laws called:

• The Safe Haven Baby Moses law,
• The Baby Safe Haven law,
• The baby surrender law,
• The Safe Haven for Babies Act,
• Or even the “abandoned baby” law.

However, they’re all nicknames for the same thing: the infant Safe Haven laws.

Second, how many states have abandoned babies laws? All of them. However, the specifics of your state’s Baby Moses/Safe Haven law will be unique to your state. So to help you understand the Baby Moses law in your state, we’ve provided a state-by-state guide below.

Here’s what you need to know about baby safe surrender laws:

Who Can Leave a Baby?

Every state’s safe baby haven law specifies who may surrender an infant and still be protected by that law. Here’s a state-by-state look at who may surrender a baby, according to baby Safe Haven rules:

• Alabama: The baby’s parent.
• Alaska: The baby’s parent.
• Arizona: The baby’s parent, or a person designated by the parent.
• Arkansas: The baby’s parent, or a person designated by the parent.
• California: The baby’s parent, or whoever has legal custody.
• Colorado: The baby’s parent.
• Connecticut: The baby’s parent, or whoever has legal custody.
• Delaware: Anyone can go into a Safe Haven, hand the baby to someone working, and say they won’t come back for the baby.
• District of Columbia: Except when there is actual or suspected child abuse or neglect, any custodial parent who is a resident of the District of Columbia.
• Florida: The baby’s parent.
• Georgia: The baby’s mother.
• Hawaii: Anyone can go into a Safe Haven, hand the baby to someone working, and say they won’t come back for the baby.
• Idaho: A custodial parent.
• Illinois: Anyone can go into a Safe Haven, hand the baby to someone working, and say they won’t come back for the baby.
• Indiana: The baby’s parent, or a person designated by the parent.
• Iowa: The baby’s parent, or a person designated by the parent.
• Kansas: The baby’s parent, or whoever has legal custody, as long as the baby is unharmed.
• Kentucky: Anyone can go into a Safe Haven, hand the baby to someone working, and say they won’t come back for the baby.
• Louisiana: The baby’s parent.
• Maine: Anyone can go into a Safe Haven, hand the baby to someone working, and say they won’t come back for the baby.
• Maryland: The baby’s mother, or a person designated by the mother.
• Massachusetts: The baby’s parent.
• Michigan: The baby’s parent.
• Minnesota: The baby’s mother, or a person designated by the mother.
• Mississippi: The baby’s parent.
• Missouri: The baby’s biological parents.
• Montana: The baby’s parent.
• Nebraska: Anyone can go into a Nebraska hospital, hand the baby to someone working, and say they won’t come back for the baby.
• Nevada: The baby’s parent.
• New Hampshire: The baby’s parent.
• New Jersey: The baby’s parent, or a person designated by the parent.
• New Mexico: Anyone can go into a Safe Haven, hand the baby to someone working, and say they won’t come back for the baby.
• New York: The baby’s parent, guardian, or other person legally charged with the child’s custody.
• North Carolina: The baby’s parent.
• North Dakota: The baby’s parent, or a person designated by the parent.
• Ohio: The baby’s parent.
• Oklahoma: The baby’s parent.
• Oregon: The baby’s parent.
• Pennsylvania: The baby’s parent.
• Rhode Island: The baby’s parent, or a person designated by the parent.
• South Carolina: Anyone can go into a Safe Haven, hand the baby to someone working, and say they won’t come back for the baby.
• South Dakota: The baby’s parent.
• Tennessee: The baby’s mother.
• Texas: The baby’s parent.
• Utah: The baby’s parent, or a person designated by the parent.
• Vermont: Anyone can go into a Safe Haven, hand the baby to someone working, and say they won’t come back for the baby.
• Virginia: The baby’s parent.
• Washington: The baby’s parent.
• West Virginia: The baby’s parent.
• Wisconsin: The baby’s parent.
• Wyoming: The baby’s parent, or a person designated by the parent.

Remember: Any biological parent can choose to place their baby for adoption by contacting a licensed adoption agency. This is always the preferred method over leaving your baby at a Safe Haven.

Where and How Must a Baby Be Surrendered?

Your state’s Safe Haven/Baby Moses law also specifies where a newborn can be surrendered. If a newborn is abandoned anywhere other than your state’s designated Safe Haven locations, it would likely be considered child endangerment, neglect and abandonment. This includes leaving the baby outside of the Safe Haven building. You must enter the Safe Haven building and hand the baby directly to a staff member.

Make sure you know what is (and isn’t) considered a Safe Haven in your state. Here’s where, how and who a child must be left with:

• Alabama: Infant must be directly handed to any staff member at a hospital’s emergency department.
• Alaska: Infant must be directly handed to any staff member at a hospital’s emergency department.
• Arizona: Infant must be directly handed to any staff member at a: Hospital, fire station, ambulance station, church with Safe Haven signage, adoption agency or Child Welfare agency with Safe Haven signage.
• Arkansas: Infant must be directly handed to any staff member at a hospital emergency department, or to a law enforcement officer.
• California: Infant must be directly handed to any on-duty staff member at a: Hospital, fire station, ambulance station/EMS provider.
• Colorado: Infant must be directly handed to any on-duty staff member at a: Hospital, fire station, Community Clinic Emergency Center that is open 24-hours a day.
• Connecticut: Infant must be directly handed to any on-duty staff member at a hospital Emergency Room nursing staff.
• Delaware: Infant must be directly handed to any on-duty staff member at a Hospital Emergency Room.
• District of Columbia: Infant must be directly handed to any on-duty staff member at a hospital.
• Florida: Infant must be directly handed to any on-duty staff member at a: Hospital, fire station, or to an EMS provider.
• Georgia: Infant must be directly handed to any on-duty staff member at a Hospital Emergency Department, fire station, or police station.
• Hawaii: Infant must be directly handed to any on-duty staff member at a: Hospital, fire station, police station, or to an EMS provider.
• Idaho: Infant must be directly handed to any on-duty staff member at a: Hospital, fire station, or to a physician, a physician’s assistant, a nurse, a midwife, a nurse practitioner, or Emergency Medical Service Provider (EMS).
• Illinois: Infant must be directly handed to any on-duty staff member at a: Hospital, fire station, police station, or to an EMS provider.
• Indiana: Infant must be directly handed to any on-duty staff member at a: Hospital, fire station, or to a police officer, a physician, a nurse, or other emergency medical provider.
• Iowa: Infant must be directly handed to any on-duty staff member at a hospital or health care facility.
• Kansas: Infant must be directly handed to any on-duty staff member at a: Hospital, fire station, police station, City or County Health Department.
• Kentucky: Infant must be directly handed to any on-duty staff member at a: Hospital, fire station, police station, to an EMS provider, or a church with Safe Haven signage.
• Louisiana: Infant must be directly handed to any on-duty staff member at a: Hospital, Public Health Unit, fire station, police station, Emergency Medical Service provider, medical clinic, or Child Advocacy Center.
• Maine: Infant must be directly handed to any on-duty staff member at a: Hospital, or to a law enforcement officer or medical service provider.
• Maryland: Infant must be directly handed to any on-duty staff member at a hospital, or to a law enforcement officer.
• Massachusetts: Infant must be directly handed to any on-duty staff member at a hospital, or to a law enforcement officer or firefighter.
• Michigan: Infant must be directly handed to any on-duty staff member at a hospital, or to a law enforcement officer or firefighter.
• Minnesota: Infant must be directly handed to any on-duty staff member at a hospital, to a health-care provider who provides urgent care medical services, or a licensed ambulance service dispatched in response to a 911 call from a mother or a person with the mother’s permission to relinquish a newborn infant.
• Mississippi: Infant must be directly handed to any on-duty staff member at a Hospital, fire station, to an EMS provider, or an adoption agency with Safe Haven signage.
• Missouri: Infant must be directly handed to any on-duty staff member at a: Hospital, police station, fire station, to an EMS provider, or an adoption agency with Safe Haven signage.
• Montana: Infant must be directly handed to any on-duty staff member at a: Hospital, police station, fire station, to an EMS provider.
• Nebraska: Infant must be directly handed to any staff member at a hospital.
• Nevada: Infant must be directly handed to any staff member at a hospital, or to a police officer or firefighter.
• New Hampshire: Infant must be directly handed to any on-duty staff member at a: Hospital, or to a police officer, firefighter, EMS provider, or a church with Safe Haven signage.
• New Jersey: Infant must be directly handed to any on-duty staff member at a: Hospital Emergency Room, police station, fire station, ambulance, First Aid station, or Rescue Squads that are staffed 24/7.
• New Mexico: Infant must be directly handed to any on-duty staff member at a: Hospital, health care clinic, or fire station.
• New York: Infant must be directly handed to any on-duty staff member at a: Hospital, police station, or fire station.
• North Carolina: Hospital, Health Department, Community Health Center, police/Sheriff department, Social Service Department, fire or emergency stations.
• North Dakota: Infant must be directly handed to any on-duty staff member at a hospital.
• Ohio: Infant must be directly handed to any on-duty staff member at a: Hospital, to a police officer, firefighter, or an EMS provider.
• Oklahoma: Infant must be directly handed to any on-duty staff member at a: Hospital, a police officer, a firefighter, an EMS provider, CPS provider, or medical provider.
• Oregon: Infant must be directly handed to any on-duty staff member at a: Hospital, a police station, birthing clinic, doctor’s office, fire station, or Sheriff’s office.
• Pennsylvania: Infant must be directly handed to any on-duty staff member at a: Hospital, police station, fire station, or an EMS station.
• Rhode Island: Infant must be directly handed to any on-duty staff member at a: Hospital, police station, fire station, EMS station, or medical emergency facility.
• South Carolina: Infant must be directly handed to any on-duty staff member at a: Hospital, hospital outpatient facility, fire station, ambulance station, police station, a house of worship during open hours.
• South Dakota: Infant must be directly handed to any on-duty staff member at a: Hospital, health clinic, or to a law enforcement officer or firefighter/EMS provider.
• Tennessee: Infant must be directly handed to any on-duty staff member at a: Hospital, community health clinic, birthing center, walk-in clinic, EMS facility, fire station, or police station.
• Texas: Infant must be directly handed to any on-duty staff member at a: Hospital, Emergency Medical Service provider, a licensed adoption agency with Safe Haven signage.
• Utah: Infant must be directly handed to any on-duty staff member at a hospital.
• Vermont: Infant must be directly handed to any on-duty staff member at a: Health-care facility, fire station, police station, place of worship, adoption agency, or to an EMS provider.
• Virginia: Infant must be directly handed to any on-duty staff member at a: Hospital that provides 24-hour emergency services, or an emergency medical services agency.
• Washington: Infant must be directly handed to any on-duty staff member at: The emergency department of a licensed hospital during the hours the hospital is in operation, a fire station during its hours of operation and while fire personnel are present, or a federally designated rural health clinic during its hours of operation.
• West Virginia: Infant must be directly handed to any on-duty staff member at a hospital or health-care facility.
• Wisconsin: Infant must be directly handed to any on-duty staff member at a: Sheriff’s office, police station, fire station, hospital, or other place where a law enforcement officer, emergency medical technician, or hospital staff member is located.
• Wyoming: Infant must be directly handed to any on-duty staff member at a: Fire station, hospital, police department or sheriff’s office.

What About Baby Boxes?

A Safe Haven “baby box” is a specially-designed drawer, located in (or outside of) certain Safe Haven locations. Just like at any Safe Haven, a parent can legally surrender a newborn into one of these boxes and they would be protected by their state’s Safe Haven baby box law. Currently, only 4 states have these Safe Haven law baby boxes:

• Indiana (47 box locations)
• Arizona (6 box locations)
• Ohio (3 box locations)
• Arkansas (1 box location)

So, these states do include Safe Haven baby box laws within their Safe Haven laws.

States that do not have baby box locations still have Safe Haven laws, and still have specific locations where babies may be surrendered. The only difference is that parents must enter the Safe Haven location and hand their baby directly to an employee on duty.

What is the Maximum Age for Surrendered Babies?

There is a baby Safe Haven age limit in each state, which means that only babies up to a certain age may be surrendered and still be protected under Safe Haven laws. Infants over these age limits would not be eligible for Safe Haven surrender:

• Alabama: Maximum age of 72 hours old.
• Alaska: Maximum age of 21 days old.
• Arizona: Maximum age of 72 hours old.
• Arkansas: Maximum age of 30 days old.
• California: Maximum age of 72 hours old.
• Colorado: Maximum age of 72 hours old.
• Connecticut: Maximum age of 30 days old.
• Delaware: Maximum age of 14 days old.
• District of Columbia: Maximum age of 14 days old.
• Florida: Maximum age of 7 days old.
• Georgia: Maximum age of 7 days old.
• Hawaii: Maximum age of 72 hours old.
• Idaho: Maximum age of 30 days old.
• Illinois: Maximum age of 30 days old.
• Indiana: Maximum age of 30 days old.
• Iowa: Maximum age of 14 days old.
• Kansas: Maximum age of 45 days old.
• Kentucky: Maximum age of 30 days old.
• Louisiana: Maximum age of 30 days old.
• Maine: Maximum age of 31 days old.
• Maryland: Maximum age of 10 days old.
• Massachusetts: Maximum age of 7 days old.
• Michigan: Maximum age of 72 hours old.
• Minnesota: Maximum age of 7 days old.
• Mississippi: Maximum age of 72 hours old.
• Missouri: Maximum age of 45 days old.
• Montana: Maximum age of 30 days old.
• Nebraska: Maximum age of 30 days old.
• Nevada: Maximum age of 30 days old.
• New Hampshire: Maximum age of 7 days old.
• New Jersey: Maximum age of 30 days old.
• New Mexico: Maximum age of 90 days old.
• New York: Maximum age of 30 days old.
• North Carolina: Maximum age of 7 days old.
• North Dakota: Maximum age of 1 year old.
• Ohio: Maximum age of 30 days old.
• Oklahoma: Maximum age of 7 days old.
• Oregon: Maximum age of 30 days old.
• Pennsylvania: Maximum age of 28 days old.
• Rhode Island: Maximum age of 30 days old.
• South Carolina: Maximum age of 60 days old.
• South Dakota: Maximum age of 60 days old.
• Tennessee: Maximum age of 72 hours old.
• Texas: Maximum age of 60 days old.
• Utah: Maximum age of 72 hours old.
• Vermont: Maximum age of 30 days old.
• Virginia: Maximum age of 14 days old.
• Washington: Maximum age of 72 hours old.
• West Virginia: Maximum age of 30 days old.
• Wisconsin: Maximum age of 72 hours old.
• Wyoming: Maximum age of 14 days old.

Remember: If your baby is over your state’s Baby Moses law age limit, do NOT abandon your child. Contact a private adoption agency immediately. You may still be able to surrender your child to an adoption agency if your child is too old for a Safe Haven surrender!

How Are the Surrendering Parents Legally Protected?

New parents who feel they are unable to care for their newborn (especially those who don’t know about Safe Haven laws) are often worried about facing legal consequences if they were to abandon their baby. They may wonder:

• “Is it a crime to abandon a baby?” If their situation doesn’t meet their state’s Safe Haven law requirements, then yes — that could be considered child endangerment, neglect and abandonment, which are serious offenses.
• “Is it legal to abandon a baby if it’s someplace safe, like a hospital?” That depends. If that location is a Safe Haven like a hospital, police station, or fire station (check your state’s laws) and you follow your state’s laws and procedures, yes, it is legal. It is illegal to abandon a child at a location that is not a Safe Haven.
• “Is it illegal to abandon a baby outside somewhere, even outside of a Safe Haven building?” You must go into a Safe Haven location and hand the baby directly to an employee on duty.

While every state does have laws where you can leave your baby with someone on duty at a registered Safe Haven location, different states will offer different levels of legal protection for parents who surrender their newborns. Learn more about how parents are specifically protected here.

Remember that, in order for a parent to be protected from criminal liability, they must adhere to their state’s Safe Haven laws when surrendering a newborn. Not all situations will be eligible for a Safe Haven surrender, so it’s illegal to abandon that child — you would not be covered by Safe Haven laws. Instead, you’d need to contact an adoption agency immediately — you can still relinquish a child to an adoption agency, even if you don’t legally qualify for a Safe Haven surrender.

Is It Possible to Regain Custody After the Surrender?

Parents who are struggling, but aren’t certain they’re ready to permanently relinquish their child have often wondered, “Can you get your baby back after Safe Haven employees have taken your baby following your surrender?”

No, not in most states. Typically, when you surrender your newborn at a Safe Haven, you do so with the understanding that you are permanently relinquishing your legal parental rights, effective immediately. But first, most police departments will check to see if any child of this age/sex/description has been reported as missing, so that they don’t accidentally place this child for adoption.

So, can you regain custody after surrendering your child at a Safe Haven? Here’s the answer in your state:

• Alabama: Parental rights are terminated immediately upon relinquishment.
• Alaska: Parental rights are terminated immediately upon relinquishment.
• Arizona: Parental rights are terminated immediately upon relinquishment.
• Arkansas: Parental rights are terminated immediately upon relinquishment.
• California: If, within 14 days of the voluntary surrender, the person who surrendered custody returns to claim physical custody of the child, the child welfare agency will verify the identity of the parent or individual, conduct an assessment of his or her circumstances and ability to parent, and request that the juvenile court dismiss the petition for dependency and order the release of the child.
• Colorado: As soon as the child welfare agency finds permanent adoptive parents for the child, they will move to terminate the parental rights of the biological parents.
• Connecticut: If the parent submits a request to the Commissioner of Children and Families for reunification with the infant, the commissioner may identify, contact, and investigate such person to determine if such reunification is appropriate or if the parental rights of the parent should be terminated.
• Delaware: A detailed notice must be published in a statewide newspaper at least three times over a 3-week period immediately following the surrender of the baby unless the division has relinquished custody. If the parent doesn’t return to claim custody, parental rights will be terminated.
• District of Columbia: Parental rights are terminated immediately upon relinquishment.
• Florida: The person who left the infant may claim his or her newborn infant up until the time the court enters a judgment terminating his or her parental rights. A claim must be made to the entity that has physical or legal custody of the newborn infant or to the circuit court where the case is pending.
• Georgia: Parental rights are terminated as soon as the baby is medically discharged.
• Hawaii: The department may search for relatives of the newborn child as a placement or permanency option or implement other placement requirements that give a preference to relatives provided that the department has information as to the identity of the newborn child, the newborn child’s mother, or the newborn child’s father. For purposes of proceedings under this chapter and adoption proceedings, a newborn child left at a hospital, fire station, police station, or emergency services provider shall be considered an abandoned child.
• Idaho: The police department will search for the child’s parents for 30 days before terminating parental rights, in case the baby is a missing child. A parent of the child may make a claim of parental rights by filing a notice of claim of parental rights with the vital statistics unit of the Department of Health and Welfare. To be valid, a claim of parental rights must be filed before an order terminating parental rights is entered by the court. A parent who fails to file a claim of parental rights prior to entry of an order terminating his or her parental rights is deemed to have abandoned the child and waived and surrendered any right in relation to the child, including the right to notice of any judicial proceeding in connection with the termination of parental rights or adoption of the child.
• Illinois: A parent of a relinquished infant may petition for the return of the infant before the termination of parental rights (about 60 days after surrender). The court may hold the proceeding for the termination of parental rights in abeyance up to 60 days. During that period: The court shall order genetic testing to establish maternity or paternity, or both, the department shall conduct a child protective investigation and home study. Failure to file a petition for the return of the infant before the termination of parental rights bars any future action of asserting legal rights to the infant unless the parent’s act of relinquishment involved fraud perpetrated against the parent. No action to void or revoke the termination of parental rights of a parent of a relinquished infant, including an action based on fraud, may be commenced after 12 months after the date that the newborn infant was initially relinquished.
• Indiana: Efforts to locate the child’s parents or reunify the child’s family are not necessary if, after receiving a written report and recommendation from the guardian ad litem or court-appointed special advocate, the court finds that reasonable efforts to locate the child’s parents or reunify the child’s family would not be in the best interests of the child.
• Iowa: A hearing on a termination of parental rights petition shall be held no later than 30 days after the day the physical custody of the newborn child was relinquished. Notice of a petition shall be provided to any known parent and shall be served upon any putative father registered with the State Registrar of Vital Statistics. Either parent of a relinquished newborn infant may intervene in termination of parental rights proceedings and request that the juvenile court grant custody of the newborn infant to the parent. The requester must show by clear and convincing evidence that the requester is the parent of the newborn infant. If the court determines that the requester is the parent of the newborn infant and that granting custody of the newborn infant to the parent is in the newborn infant’s best interest, the court shall issue an order granting custody of the newborn infant to the parent. In addition to such order, the court may order services for the newborn infant and the parent as are in the best interest of the newborn infant.
• Kansas: If, despite diligent searching, the parents have not come forward to claim the child within 3 months after the child is found, the parental rights will be terminated.
• Kentucky: If a claim of parental rights is made within 30 days after the initial surrender, and at any time prior to the court order terminating rights, the court may hold the action for involuntary termination of parental rights in abeyance for no longer than 90 days. A hearing shall be conducted within 10 days of the assertion of parental rights. The court may order genetic testing to establish maternity or paternity at the expense of the claimant. The cabinet shall conduct a child protective services investigation or assessment and home evaluation to develop recommendations for the court.
• Louisiana: The department will try to identify and locate any nonrelinquishing parent, including, but not limited to, performing a missing children search. Within 30 days after the relinquishment, the parent may seek to reclaim parental rights by filing a motion declaring his or her intention to retain his or her parental rights. The court shall order genetic testing and a home study of any parent seeking to reclaim his or her rights. If the court finds that the relinquishment should be set aside and that the parent may reclaim his or her parental rights, then the parent shall also prove that he or she has manifested a substantial commitment to his or her parental responsibilities and is a fit parent of the child. If the court finds that the parent has established parental rights, it may also order the parent to reimburse all or part of the medical expenses incurred for the infant in connection with his or her birth and care. If a relinquishing parent has not made a timely claim to the child and if no timely claim has been made by a nonrelinquishing father, the court shall, within 45 days after the relinquishment, terminate the rights of the parents. No action to annul a judgment terminating parental rights shall be brought for any reason after 90 days from its signing or after a decree of adoption has been entered, whichever is earlier.
• Maine: Parental rights are terminated immediately upon relinquishment.
• Maryland: Parental rights are terminated immediately upon relinquishment.
• Massachusetts: Parental rights are terminated immediately upon relinquishment.
• Michigan: The parent has 28 days after surrendering the newborn to petition the court to regain custody of the newborn. After the 28-day period to petition for custody elapses, there will be a hearing to determine and terminate parental rights.
• Minnesota: Parental rights are terminated immediately upon relinquishment.
• Mississippi: Parental rights are terminated immediately upon relinquishment.
• Missouri: A nonrelinquishing parent can take the steps necessary to establish parentage within 30 days after public notice has been made of the child’s relinquishment. If either parent fails to take steps to establish parentage within the 30-day period, either parent may have all of his or her rights terminated with respect to the child.
• Montana: Law enforcement officials will investigate and determine whether the newborn is a missing child, then make reasonable efforts to identify and locate a parent who did not surrender the newborn within 30 days. Any person alleging to be the biological parent of a newborn who was surrendered to an emergency services provider may, within 60 days of the date of surrender of the newborn, file an action with the court for custody. Before making a custody decision, the court shall determine whether the individual filing the custody action is the newborn’s biological parent. The putative father registry provisions apply to any court proceeding under this part. In a custody action, the court shall determine custody of the newborn based on the newborn’s best interest with the goal of achieving permanent placement for the newborn at the earliest possible date. A parent who surrenders a newborn and who does not file a custody action is presumed to have knowingly waived the parent’s parental rights to the newborn. If a custody action is not filed or if the parent is denied custody of the newborn, the department shall file a petition requesting appropriate relief with the goal of achieving permanent placement for the newborn at the earliest possible date.
• Nebraska: Parental rights are terminated immediately upon relinquishment.
• Nevada: Parental rights are terminated immediately upon relinquishment, but only after the Safe Haven provider informs the surrendering parent of alternatives by which they could retain custody.
• New Hampshire: Parental rights are terminated immediately upon relinquishment, unless the child is determined to be missing.
• New Jersey: Parental rights are terminated immediately upon relinquishment, unless the child is determined to be missing.
• New Mexico: A person established as a parent of an infant previously left at a safe haven site shall have standing to participate in all proceedings regarding the child. If a person not previously established as a parent seeks reunification with an infant previously left at a safe haven site, and the person’s DNA indicates parentage of the infant, that person shall have standing to participate in all proceedings regarding the infant.
• New York: Parental rights are terminated immediately upon relinquishment.
• North Carolina: Parental rights are terminated immediately upon relinquishment.
• North Dakota: If an individual claiming to be the parent contacts the department and requests to be reunited with the abandoned infant, the department may identify or contact the individual. If an individual contacts the department seeking information only, the department may attempt to obtain information regarding the identity and medical history of the parents and may provide information regarding the procedures in an abandoned infant case
• Ohio: If a person claims to the court that they are the parent of the child and that they’re seeking to be reunited with the child, the court shall require the person, at the person’s expense, to submit to a DNA test to verify that the person is a parent of the child.
• Oklahoma: The Department of Human Services will release information about parents’ rights with regard to reunification with a child, including, but not limited to, information on how a parent can contact the appropriate entity regarding reunification and information on sources of counseling for relinquishing parents.
• Oregon: Parental rights are terminated immediately upon relinquishment.
• Pennsylvania: Parental rights are terminated immediately upon relinquishment.
• Rhode Island: The department shall, provided that no person has asserted a claim to be the parent of the infant within 90 days, commence proceedings to terminate the parental rights of the parents of the infant.
• South Carolina: Parental rights are terminated immediately upon relinquishment.
• South Dakota: The parental rights of the surrendering parent are terminated within 14 days after relinquishment. The parental rights of the nonsurrendering parent are terminated within 30 days after relinquishment, unless they step forward to file a claim testifying that they did not consent to the relinquishment. If the nonsurrendering parent doesn’t come forward, all parental rights will be terminated 60 days after the surrender.
• Tennessee: Failure of the mother to visit or seek contact with the infant for 30 days after the date of relinquishment and failure to seek contact with the infant through the department or to revoke the voluntary delivery within 30 days after notice was given, which shall cumulatively be no less than 90 days after the child was relinquished, shall be a basis for termination of parental rights. Within 10 days of receipt of an infant, the department shall give notice once a week for 4 consecutive weeks in a newspaper where the surrender occurred. The notice shall include information to inform the putative father how to claim paternity and the mother how to revoke voluntary delivery. The notice shall specify that failure to seek contact with the infant through the department or to revoke the voluntary delivery within 30 days of the last publication of notice shall constitute abandonment of the infant and of the mother’s interest. The notice shall specify that any father who fails to claim paternity by contacting the department or registering with the putative father registry within 30 days of the last publication shall be barred from thereafter bringing any action to establish paternity of the infant. It shall also specify that such failure shall constitute abandonment of any right to notice of, or to participate in, any judicial proceeding for the adoption of such infant, and that consent of such putative father shall not be required for adoption of the infant.
• Texas: Parental rights are terminated immediately upon relinquishment, unless the child is determined to be missing.
• Utah: If the nonrelinquishing parent has not come forward within 2 weeks after notice is complete and established parentage by scientific testing, a hearing on the petition for termination of parental rights shall be scheduled, and parental rights terminated.
• Vermont: Parental rights are terminated immediately upon relinquishment.
• Virginia: Parental rights are terminated immediately upon relinquishment.
• Washington: Parental rights are terminated immediately upon relinquishment.
• West Virginia: Parental rights are terminated immediately upon relinquishment.
• Wisconsin: Parental rights are terminated immediately upon relinquishment.
• Wyoming: The department will make sure the child is not listed as missing. Then, if neither parent of the newborn child affirmatively seeks the return of the child within 3 months after the date of delivery to a safe haven provider, the department shall file a petition for the termination of the parent-child legal relationship. Prior to filing a petition for termination, the department shall conduct a search of the putative father registry for unmarried biological fathers, and if the putative father is identified, he shall be given notice of the petition.

This is another reason why you may wish to contact an adoption agency instead of leaving your child at a Safe Haven location — when you complete a private infant adoption through a licensed agency, you retain your legal parental rights until you sign your consent, and you can change your mind up until that point.

Additional FAQ About Safe Baby Haven Laws

Still have some questions about Safe Haven laws? Here are some additional FAQ that may help you find the answers you’re looking for:

“How many states have the ‘abandoned baby’ law?” All 50 states in the U.S. have some form of Safe Haven laws, although they’ll vary somewhat from one state to the next, so it’s important to familiarize yourself with your state’s laws.

“What is the baby Safe Haven law, and is it different from the Baby Moses law?” They’re the same thing. “Baby Moses law” is a colloquial name for infant Safe Haven laws.

“Why is it called ‘Baby Moses’ law?” It’s actually called the Safe Haven law, but “Baby Moses” is a common nickname for this act. In the Biblical story, infant Moses’ biological mother places him into a wicker basket to save him from death, and then he is watched over to ensure his safety until he is found and adopted. The process of handing a newborn to an emergency care provider at a Safe Haven has been compared to that story.

“Why was the safe surrendered baby law created?”

The Baby Moses law history is fairly straightforward. Infant deaths due to improper and unsafe abandonment were on the rise. Struggling parents were leaving their newborns in plastic bags, by trash bins, or outside of buildings instead of contacting an adoption agency, perhaps because they feared that they would “get in trouble” for choosing adoption for the baby (although it’s 100% legal to place your child for an adoption through a licensed provider, like an adoption agency).  They may not have known that adoption was an option. But by abandoning their newborn in unsafe conditions, they were criminally liable for the harm that came to the baby.

So, to protect both the babies and the parents who felt they could not provide, Safe Haven laws were enacted. This allowed parents to safely and legally surrender their child directly to an emergency care provider, and to walk away with no questions asked.

However, it’s always recommended that the parents contact an adoption agency to surrender their child, instead. They can receive important services through an adoption agency, and their child will never have to enter foster care.

If you need to place a baby for adoption, or if you’re interested in adopting an infant, you’re encouraged to contact an adoption agency as soon as possible.