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Is It Abandonment? Safe Haven Laws in Minnesota

Is It Abandonment? 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 newborn babies and parents who may be considered abandonment. Rather than abandoning their babies in unsafe places and conditions that may cause injury or death, parents and authorized parties 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 certain state regulations. When a person surrenders a newborn to a designated hospital, the hospital can accept the child under certain conditions:

  • The newborn is left unharmed
  • The newborn is born within 72 hours prior to surrender
  • 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 not call the police
  • The hospital must report the surrender to a local welfare agency within 24 hours, but only after the surrendering party has left the premises

As long as a hospital, doctor, nurse, medical professional, staff employee, or mandated reporter follows the above rules, they are immune from any criminal or civil liability that may arise from accepting the newborn.

If there is any evidence that the child has been injured, abused, or neglected, all legal protection for the surrendering parent will be voided. A state child protection agency can step in and initiate legal proceedings to determine 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. NSHA has a wide support network that promotes safe haven laws through media outreach programs, public-service announcements, educational materials, and 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.

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