Safe Haven Laws
Safe Haven Laws. Sanctuary. A place of refuge or safety. A safe haven. In his famous novel, The Hunchback of Notre-Dame, Victor Hugo’s heroic protagonist, Quasimodo, attempts to save a woman named Esmeralda from being put to death in 15th century Paris. He takes her to the towering heights of the Notre-Dame cathedral where he cries out in a, “thundering voice…Sanctuary! Sanctuary! Sanctuary!” In medieval Europe, fugitives could claim sanctuary in a church to avoid imprisonment or even the death penalty. Although the outcome was often permanent exile, or banishment, fleeing the country was a preferred fate to facing persecution for a crime committed. Sanctuary was provided in exchange for surrender.
In modern times, we see the evidence of “sanctuary” in the use of safe haven laws. Safe haven laws were first enacted in Texas in 1999 in response to an increased number of infant abandonment and infanticide (the killing of a child within the first year of birth). In the United States, these statutes decriminalize the leaving of unharmed infants with statutorily designated private persons so that the child becomes a ward of the state. In most cases, when an infant is taken to a safe haven, the parent or guardian is giving up their parental rights, the child becomes a ward of the state, and will be placed with adoptive parents after a certain period, varying by state. By voluntarily surrendering their child to a safe haven, persons are then exempt from prosecution by the law.
In an attempt to provide parents with an alternative to abuse and abandonment, safe haven drop off sites allow parents or guardians to release the infant to the state anonymously and without any criminal charges, if the infant is unharmed. “Safe haven laws are seen as harm reduction measures for parents in the most desperate of circumstances” (The 19th). Safe haven drop-off sites include hospitals, police stations, and 24/7 emergency medical centers, such as fire stations and fire squads. The National Safe Haven Alliance website provides information on safe haven laws for each state in the U.S.
In Virginia and West Virginia, infants must be 30 days old or younger at the time of delivery to a safe haven site. In Maryland, infants must be 10 days old or younger. Designated safe haven providers in Virginia include any on-duty staff members at a 24-hr medical facility/hospital, or to a Fire/EMS Provider. West Virginia safe haven providers include any on-duty staff members at a hospital or healthcare clinic. Providers in Maryland include any on-duty staff member at a hospital or a law enforcement officer. In all three states, the infant must be directly handed to a safe haven provider. To protect anonymity, safe haven baby boxes were designed to leave infants in a safe and discreet manner, with drop off locations provided throughout the United States.
In life, we encounter many unexpected circumstances. If you or someone you know is facing an unexpected pregnancy and are unsure of what to do next, we are here to help. No judgment. No condemnation. We care about your safety and the decisions that greatly affect women’s health: physically, mentally, and spiritually. Please call us today for a free and confidential appointment.
National Safe Haven Crisis Line 1-866-99BABY1 Business Phone: 1-888-742-2133
AbbaCare is a pregnancy resource center serving women, men, and families facing unexpected pregnancies. To learn more about our free, confidential services, visit
abbacare.org.
