How Illinois' safe haven law works

Illinois parents who are unable to care for their newborn have a safe and anonymous option for handing over their child to authorities.

Under the Abandoned Newborn Infant Protection Act, a parent can relinquish an infant to hospital personnel, an emergency medical facility, or a staffed fire station or police station - all designated "safe havens" under the law.

The baby must be 7 days old or younger.

While parents can do this without identifying themselves, they should "always give the baby to an actual person," said Dawn Geras, founder of the nonprofit Save Abandoned Babies Foundation that drafted the law. "The people in these safe havens are trained to know the law and should respect your privacy."

Since the law was passed in 2001, 51 babies have been legally relinquished, she said. During that same period, 54 newborns were illegally abandoned, and 27 of them died.

Geras said she believes it's because parents don't know the law exists or understand how it works.

"It's a tragedy that doesn't have to be happening," she said.

If parents decide to legally abandon their child, here's what happens:

• If the newborn is taken to a staffed fire or police station, personnel will examine the baby and, if there is no sign of abuse or neglect, will transport the child to the nearest hospital for an exam. If abuse is found, law enforcement officials are called.

• The hospital takes temporary protective custody of the infant. The newborn is examined and treated if necessary by an emergency room doctor. If no abuse is found, officials will not attempt to locate the birthparent.

When a parent drops off a newborn, personnel also must provide a packet with information about the Illinois Adoption Registry and Medical Information Exchange; written notice of the process to terminate parental rights (which happens 60 days after the relinquishment); and a list of counselors.

A parent can refuse the information, Geras said, but the step sometimes can make a difference.

She said there were four Illinois cases in which mothers accepted counseling and medical care and ultimately kept their babies. Two other mothers in the program opted for a traditional adoption plan.

"It was found that just by providing some needed parenting services, they were able to keep the baby," Geras said. "Isn't that beautiful?"

When parents decide to give up a newborn:

• The hospital must report the abandoned newborn to the state within 12 hours.

• The state has 24 hours to contact law enforcement officials to ensure the newborn is not a missing child. Then, a licensed adoption agency is contacted, and it seeks an order for legal custody and takes physical custody of the newborn. Within three days, the agency petitions to place the infant in an adoptive home. The agency also files for termination of parental rights and appoint a guardian.

Geras says most parents who legally abandon their newborns are women, but there is even distribution along racial, age, geographic and economic lines, with the highest numbers being white women older than 18.

"This happens in your backyard," she said. "This is not a city problem in poor neighborhoods. So often the mothers giving up their babies are the ones who are college-bound and aren't allowed to make a mistake; the ones who seem to have a lot to lose."