Leaving a Baby at the Hospital After Birth

You may have heard horror stories in the news with headlines like, “Mom Leaves Baby at Hospital,” and something tragically happens to the baby. This is usually because the woman who left the baby did not know about Safe Haven laws, and so she left the newborn someplace unsafe, like outside of the building.

This is why it’s so important to understand the Safe Haven laws in your state: It could save the lives of newborns, and can legally protect struggling parents who feel forced to abandon a baby.

Even more important: You should understand that the best alternative to leaving a baby at the hospital is always to contact an adoption agency. Adoption through an agency is the most legal, safest, and direct way to place a child for adoption, and is always preferred over leaving a baby in the hospital after giving birth. And yes, you can still choose adoption, even if you’re pregnant and in the hospital.

We understand that you may have some questions about the legality of leaving a newborn baby at the hospital. Here are the answers to some of the most common questions about leaving baby at hospital after birth:

“Can I leave my baby at the hospital?”

In most states, hospitals are considered Safe Havens. This means that you can directly hand your baby to an on-duty hospital staff member and say you’re not coming back for the baby. However, we strongly encourage you to contact a 24/7 national adoption agency, instead.

If you leave your baby at the hospital, your child will typically enter foster care. Contacting an adoption agency prevents your child from entering foster care, grants you access to important free services and allows you to be as involved in the adoption process as you wish to be.

“I’m pregnant and I don’t want it — can the hospital keep it?”

If you choose to leave without your baby after delivery, the hospital will contact the appropriate authorities (usually the police and the local foster care department) to come and assume temporary custody of the baby until a foster family or permanent adoptive parents are found. The hospital does not keep the baby.

If you are pregnant and don’t want your baby, you can make an adoption plan, which will allow you to safely leave your baby in the arms of a loving adoptive family at the hospital. There are so many benefits of choosing adoption for your baby, and this option allows you to leave your baby behind without worrying about where they’ll end up. You’ll know that he or she is safe, loved and cared for with the adoptive family you chose for them.

“If I don’t want my baby when I give birth, can I leave it at the hospital?”

Yes. You can ask an on-duty hospital staff member if your hospital is a Safe Haven location and what steps you will need to take to surrender your baby. Or, you can contact a private adoption agency to make an adoption plan.

Even if you are already at the hospital, an adoption agency can help you find adoptive parents quickly. An adoptive family can meet you at the hospital, often within a matter of hours, and you can leave your baby directly with them.

There are so many benefits of making an adoption plan versus surrendering your baby via Safe Haven. Adoption allows you to choose an adoptive family (if you’d like), get access to helpful, free services (like counseling, help with medical bills, and more), and gives you the option of maintaining contact with your baby and the adoptive family, if you’d like. You will not have access to any of these benefits with Safe Haven.

“Is it legal to leave a baby in the hospital after delivery?”

Many new parents don’t know about the law where you can leave a baby at the hospital. These laws where you can leave a baby at the hospital are called “Safe Haven laws,” and while they will vary from one state to the next, they will generally allow you to legally and safely relinquish your child to a hospital staff member.

However, you’ll need to check your state’s Safe Haven laws to make sure they’re applicable in your situation. If not, you’ll need to contact an adoption agency instead. In fact, it’s always recommended that you contact an adoption agency instead of leaving a baby at a hospital because of the many benefits of making an adoption plan.

“What happens if you leave a baby at the hospital?”

Many women are worried about what happens after you leave baby at hospital in an act of Safe Haven surrender. When you hand your baby to an on-duty hospital staff member and say that you’re relinquishing your child, they’ll need to follow a series of steps, which will vary from one state to the next.

Some states will try to contact you and give you the opportunity to claim the baby. Other states will immediately terminate your parental rights. In all states, the baby will enter foster care until a permanent placement is found. In every state in which a hospital is a Safe Haven, you will not be criminally liable for abandoning your baby. Nothing happens to you, legally speaking.

However, it’s also 100% legal (and strongly recommended) for you to place your baby through a licensed adoption agency, instead. This will allow your baby to be immediately placed into a permanent family (instead of entering foster care) and you can be as involved in the adoption as you want to be.

 “Can you leave your baby at the hospital right after you’ve delivered?”

Many women have asked about delivering a baby and leaving it in the hospital, because they never intended to bring the baby home or raise it. However, those women may not realize that there’s still time to contact an adoption agency instead of abandoning the baby after delivery.

Even if you’re in the hospital right now, about to give birth, or have recently given birth, an adoption agency can send permanent adoptive parents (you can choose them, if you wish) to your hospital in a matter of hours. This prevents your baby from entering foster care, and legally protects you from the possibility of abandonment charges.

“I don’t want my baby. Can I leave it at the hospital?”

This may sound like a cold question to some, but the women who ask questions like, “Can you leave your baby at the hospital if you don’t want it,” sometimes ask these questions because they’ve learned new information that makes parenting the baby no longer an option for them. Maybe their partner left and they no longer have support, or the baby has health problems that the parents feel emotionally, physically or financially unable to provide for.

 Whatever the situation, the answer is: Yes. Leaving baby at hospital is legally an option for most parents. However, you can also still contact an adoption agency instead of abandoning the baby. There are countless waiting adoptive parents who have been dreaming of the chance to raise a child just like yours.

“Can you leave a baby at the hospital, even after you’ve taken it home for a while?”

That depends. Your state’s Safe Haven laws will include specific locations where you can surrender a baby under a certain age. You must go inside that Safe Haven location (often a hospital), directly hand your baby to someone on-duty and say that you don’t intend to return.

If your baby is over your state’s age limit for Safe Haven surrender, then you’ll need to contact an adoption agency, instead. In fact, it’s always recommended that you contact an adoption agency. They can often place infants up to a year old.

“Can you leave a baby at a hospital, or outside of the hospital?”

You cannot leave your baby outside of a hospital or unattended somewhere inside of the hospital. Safe Haven laws state that you must enter a hospital that is designated as a licensed Safe Haven location and directly hand your baby to someone on-duty.  Then, you can walk away, no questions asked.

If you fail to directly place your child into the hands of a Safe Haven provider, you could be criminally liable for child endangerment, abuse, neglect and abandonment.

“Can women leave babies at hospitals without the consent of the father?”

If you have questions about the father of your baby, you should contact a licensed adoption agency. They can help you explore your options and make the safest plan for you and your baby.

“Do hospitals have to take babies that are abandoned?”

If that hospital is a registered Safe Haven location, then yes. If your hospital is not a Safe Haven location, you must contact an adoption agency, instead.

“What happens to babies abandoned at the hospital?”

They enter foster care until a permanent placement can be found. This can take months or even years.

To prevent this, you should contact an adoption agency immediately. They’ll place your baby directly into a pre-screened, permanent adoptive family, often in a matter of hours.

“How do I complete a hospital baby surrender after I give birth?”

First, you’ll need to make sure that your hospital is a registered Safe Haven location. Then, you’ll need to make sure that you’re eligible for a Safe Haven surrender — each state has their own laws about the maximum age of the baby, where and how a baby can be surrendered and more.

If your hospital is a Safe Haven location, you must directly hand your baby to an on-duty hospital staff member. You can say that you don’t intend to return, and walk away with no questions asked.

However, completing a legal adoption through an agency is just as simple, and provides you with free services. Even if you’re about to give birth, or have just given birth, there’s still time to contact an adoption agency about relinquishing your baby.

“Where can I find a baby surrender hospital location near me?”

This map can help. However, you need to remember several things:

• You need to check your state’s Safe Haven laws; otherwise you could be criminally liable for child abandonment.
• You would need to go into the hospital and directly hand your baby to a medical professional on-duty, in accordance with your state’s Safe Haven laws. Never leave your baby outside of the building!
• There is still time to contact an adoption agency, who can find permanent adoptive parents for your baby in a matter of hours.

“Can I directly adopt a baby abandoned at hospital?”

No, hospitals are not licensed to place children for adoption. When a baby is left at a hospital, the hospital contacts foster care or a licensed adoption agency, who assumes custody of the child until a permanent placement can be found.

So, if you’re interested in adopting a child, you’ll need to contact a licensed adoption agency to learn more.

How to Choose Adoption Instead of Abandonment

Leaving a baby in the hospital incorrectly can be unsafe for a newborn, and could be illegal for the mother if the surrender isn’t completed in accordance with the state’s Safe Haven laws. Instead, contacting a national adoption agency is always the safest, most direct way to place a newborn baby for adoption.

Here’s how the hospital adoption process works:

• A woman who is about to give birth, or who has recently given birth, contacts a 24/7 adoption agency, even if she’s in the hospital.
• The adoption agency will work with her to make sure she has as much say in the adoption process as she feels comfortable with. If she wants to let the adoption agency handle everything, she can choose to do that, instead. It’s entirely up to the woman.
• The adoption agency will coordinate with the hospital and with an adoption attorney, to ensure that everything is completed safely, smoothly, legally and ethically.
• The adoption agency will send pre-screened and waiting adoptive parents (which the mother can choose herself, if she wants) to come accept placement of the baby. This will be the baby’s permanent family — he or she will not have to enter foster care.
• The mother can stay in touch with her child and the adoptive parents as much as she would like through an open adoption, although this is not required if it’s something she does not want.

When a woman contacts an adoption agency to place her child for adoption, she has complete control over the process. It’s 100% legal, and it’s always the safest option for the baby and for the mother. The mother has access to free services through the adoption agency, including counseling, legal representation, medical care (including the childbirth costs) and even financial support.

Thinking about leaving your baby in the hospital after you give birth? Contact an adoption agency now, instead. It’s safe, free, legal, confidential, available 24/7 and they can have a permanent adoptive family for your baby within hours.