How Does the New Jersey Safe Haven Infant Protection Act Work?

According to national statistics, incidents of child abandonment in public places rose by more than 60% in the 1990s. In 2007, New Jersey enacted a law to provide a safe and compassionate manner in which to relinquish a child. New Jersey adoption lawyers report that this law has saved the lives of at least 90 infants since then.

What Is Deemed to Be a Safe Haven?

The New Jersey law is designed to provide a safe haven for both the infant and the parent(s). There are women and couples, often young ones, who are confused, desperate and scared. Those emotions may lead them to rash decisions, such as leaving an infant in an unsafe place.

Rather than abandon the infant, they can bring the child to a safe haven. The baby must appear to be no more than 30 days old. No advance notice is required. The safe haven locations are available 24 hours a day, seven days a week, and a person can surrender a child with any:

• Hospital
• Ambulance
• Fire station
• Police station
• Rescue squad

The Process Is Both Legal and Anonymous

The safe haven is not only available to parents; it is an option for anyone acting on their behalf as well. Furthermore, it is legal. There is no potential for charges against the parents or their advocates. It is also anonymous. No one has to provide any information at all. In fact, the law specifies that the person taking the baby in an official capacity cannot ask any questions. The law does ask that they provide an official questionnaire and that they stress that completing the questionnaire does not compromise anonymity or any of the legal protections. The staff may also offer medical treatment and social services as needed.

The Process Is Safe

The safe haven also gives parents and their advocates peace of mind. When you surrender a child in this manner, you do so knowing that the New Jersey Department of Children and Families (DCF) will take possession of the infant. The DCF will then take the necessary steps to place the child in a pre-adoptive or foster home.

Volunteered Information

The person dropping off the child can volunteer information, such as their name or the name of the child, but only if they choose to do so. The reason the law requires representatives not to request information is that a person gives up their right to anonymity when they provide these details. When that happens, the state is now compelled by law to search for the child’s relatives in the event they have parental rights or want to adopt.

Limits to the Legal Protection

There are limits to the legal protections that the law provides. If there is evidence of harm to the baby, the person acting in an official capacity is required to document it, seek medical treatment and involve the police. The police will then open an investigation. If, for instance, the police later determine that the person who surrendered the baby was responsible, that person would be charged and not have safe haven protection in that regard.

What If There Is a Change of Mind?

The law also established a reunification program. Anyone with parental rights to the child or who is related to the child and wants to regain or claim custody can. To do this, they can call the Safe Have Hotline at 1-877-839-2339. Note that there are limitations to how long you have to do this based on how far along the adoption process is. Parents and relatives will have at least 48 hours from the time that the infant was surrendered.

Do You Have Questions About Safe Haven Infant Protection?

Cofsky & Zeidman has many years of experience navigating adoptions and related matters in New Jersey as well as in the Philadelphia area. If you have questions concerning the Safe Haven law and your rights, we would like to help. To schedule a case review with a New Jersey adoption lawyer, call our Haddonfield office at (856) 429-5005, or contact us online.