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Is It Abandonment? Understanding Safe Haven Laws in Minnesota

Safe haven laws permit a child’s parent or another party with the mother’s permission to legally surrender a newborn child to a safe, designated location without facing prosecution or legal recourse for abandonment.

Safe Haven Laws Provide Protection

Minnesota Safe Haven laws provide protection for parents who may otherwise be considered guilty of abandonment when surrendering a newborn. Rather than abandoning their babies in unsafe places and under conditions that may cause injury or death, parents can legally surrender newborns to designated locations without facing child endangerment charges. Safe Haven laws grant immunity from prosecution, as long as the child’s surrender conforms with state laws.

In Minnesota, Safe Haven sites are designated hospitals licensed under state regulations. When a person surrenders a newborn, the surrendering parent is absolved of liability as long as the newborn was born within 7 days of surrender and is unharmed.

In addition, as long as a hospital, doctor, nurse, medical professional, staff employee, or mandated reporter abides by the following procedures, they are immune from any criminal or civil liability that may arise from accepting the newborn.

  • The hospital must not call the police
  • The hospital must not inquire about the parent’s identity
  • The hospital is allowed to ask about the mother’s and newborn’s medical history
  • The hospital must report the surrender to a local welfare agency within 24 hours, but only after the surrendering party has left the premises

If there is evidence that the child has been injured, abused, or neglected, legal protection for the surrendering parent will be voided. In these cases, the state child protection agency can step in and initiate legal proceedings to bring criminal charges and legal penalties against the parent.

The National Safe Haven Alliance

The National Safe Haven Alliance (NSHA), established in 2004, works to promote safe haven laws in Minnesota, as well as other states across the country. They support state efforts to prevent incidents of infanticide and newborn abandonment by making safe haven laws and locations known to at-risk mothers and/or parents. The NSHA has a wide support network that promotes safe haven laws through media outreach programs, public-service announcements, educational materials, and a national crisis counseling hotline.

Studies show that many young or underage mothers abandon their newborns because they can’t provide adequate care. In many abandonment cases, young mothers are not married, still living at home with parents, living on the streets, or suffering from drug addiction. NSHA provides information and help to at-risk mothers that save newborn lives.

Max Keller image
Attorney Max Keller
Max Keller

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Experience: Practicing since 1997
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Person using smartphone with blurred police lights background. charged with a drug crime based on text messages

Can You Be Charged With a Drug Crime Based on Text Messages Alone?

You can be charged with a drug crime based on text messages alone in Minnesota, especially when the messages show intent to purchase, sell, distribute, or traffic drugs. Prosecutors often use text messages to demonstrate intent to commit a drug crime, show a history of drug activity, link you to a specific phone, and corroborate physical evidence. Text messages often strengthen the probable cause required for the police to arrest and charge you. They are, however, not sufficient for a conviction without compelling supporting physical evidence.
Handcuffed man in beanie looking distressed during interrogation. police lie to you during an interrogation

Can the Police Lie to You During an Interrogation in Minnesota?

Criminal defendants who interact with police officers for the first time are often left wondering, “Can the police lie to you during an interrogation?” Police officers can lie to you during an interrogation. In fact, deception is a lawful and fully permitted police technique provided the officers do not use it to force a confession. Police often claim possession of non-existent evidence or witnesses to trick you into disclosing information that can aid their investigation.