In 1992, the Supreme Court stated in Planned Parenthood v. Casey that women “have organized intimate relationships and made choices” relying on the right to abortion. The Court seemed to believe that abortion was necessary for women to have successful lives because of the time and financial commitment of raising a child. But the pro-life movement, already beginning to establish a national network of supportive pregnancy centers, was to provide another option for women who feel they cannot parent, with the introduction of “Safe Haven Laws.” Safe Haven Laws—also known as Baby Moses Laws—provide parents with the option to voluntarily surrender their newborn infants. Unlike an adoption plan, in which parents work with an agency to find a family; or involuntary termination of parental rights, in which threatened harm to an infant leads the state to force the parent to surrender their child, Safe Haven Laws allow parents to give their child to specified professionals who then work with the state to place the child in loving adoptive homes. Rather than being faced with aborting or abandoning their child, parents may now make a courageous decision to give their child a better life.
The First Safe Haven Law in Texas
The first Safe Haven Law was passed in Texas in 1999, a few years after the Casey decision was handed down. These Baby Moses Laws allow newborns up to a certain age—often up to thirty or sixty days old—to be surrendered to workers at designated safe locations, such as hospitals, law enforcement agencies, or fire stations. The child is then turned over to the state and placed for adoption. All fifty states allow surrenders in hospitals and emergency rooms, and many states also allow surrenders at police and fire stations. More recently, churches and emergency medical services providers have been allowed to receive infants in several states. There are even call centers dedicated to helping women navigate the Safe Haven Laws of their states. To date, Safe Haven Laws have helped over five thousand infants to a better life through adoption. Justice Amy Coney Barrett acknowledged the importance of Safe Haven Laws when, in oral arguments in Dobbs v. Jackson Women’s Health Organization, she pointed out (pg 56) that they have greatly alleviated the burden of parenting expressed in Casey.
Safe Haven Laws Provide Women With a Simple and Legal Way to Safely Surrender a Newborn
Safe Haven Laws are designed to be as easy as possible for parents. When a mother first seeks information about the law, she is also offered counseling about parenting or adoption. If the mother decides to surrender her child, she is given the option to fill out a health form about her child. This form also includes questions about her postpartum symptoms to protect her own health. Further, the state provides legal protection for parents. As long as the child is unharmed and is properly surrendered at a Safe Haven location, the parents cannot be prosecuted for abandonment. Parents are not even required to fill out any information about their child, although this is encouraged. Additionally, if a woman changes her mind after surrendering her child, many states have a limited window during which she can reclaim parental rights over her child.
Baby Boxes
In recent years, some states have expanded their Safe Haven Laws to include the use of “baby boxes”: surrender boxes for infants without any human contact. After beginning in Indiana in 2016, baby boxes have since spread to twenty-three states and a total of 350 boxes. The boxes are specifically designed for women who feel unable to hand their child to another person face-to-face. To preserve complete anonymity, the boxes are placed in the back walls of certain marked fire stations and several hospitals. When a woman opens the box, she finds a warm basket for her baby and is encouraged to leave a note about the child. As soon as she shuts the box, a silent alarm goes off and emergency services personnel come to retrieve the child within five minutes. Although Safe Haven networks emphasize that personal contact is preferable during a surrender, for some women the baby boxes may be the only safe option for their child. Baby boxes have been used successfully on numerous occasions since their beginning. For example, in 2024, less than two weeks after the installation of a baby box in Georgetown, Indiana, a baby was surrendered and safely retrieved by firemen within two minutes.
Safe Haven Laws Support Mothers
Parenting a child requires immense courage on the part of the mother, especially when it comes to making the best decision for how her child should be raised. Safe Haven Laws support a mother by providing her with a life-affirming option to give her child a better life. From pregnancy center work to Safe Haven Laws, and now through an initiative to make birth free in America, Americans United for Life is committed to empowering mothers and protecting unborn children.
For Further Information About Safe Haven Laws and Baby Boxes, See:
National Safe Haven Alliance’s Find a Safe Haven Location
Child Welfare Information Gateway’s Infant Safe Haven Laws
Safe Haven Baby Boxes’ Crisis Support, Including a Crisis Line for Calling or Texting
For Organizations Wishing to Become Involved in Safe Haven Work, See:
