The Problem

From 1991 to 1998, the incidence of child abandonment in public places increased 62%. Of the 105 children abandoned in public places in 1998, 33 were found dead.

In New Jersey, dramatic accounts in the newspapers and television underscored the problem. In November of 1996, New Jersey residents attending college in Delaware dumped their newborn into a motel trash bin. In June of 1997, a teen gave birth in a public bathroom stall, next to where her high school prom was being held. She wrapped the baby in a garbage can liner, put it in the trashcan, and returned to her prom. In both cases, the babies died.
Similar tragedies were occurring in other states. The old child abandonment laws were not working. The legal ways to give up an unwanted child were too complex for scared, uninformed young mothers. People began looking for a way to solve the problem.

The Start of the Solution

In 1998, the District Attorney in Mobile, Alabama, conceived the idea of establishing a "Safe Haven" for unwanted infants. The pilot program proved to be successful, with five babies brought to hospital emergency rooms. On September 1, 1999, Texas became the first state to pass legislation allowing a parent to give up an infant anonymously. The states of Louisiana, Alabama and Minnesota established laws in early 2000. New Jersey was the fifth state to pass Safe Haven legislation, modeled after the Texas law. The movement continued to grow and today, all states have a Safe Haven law.

New Jersey Offers a Safe Haven

On August 7, 2000, the New Jersey Safe Haven Infant Protection Act became law in New Jersey. Sponsored by Assembly Speaker Jack Collins and Assemblywoman Charlotte Vandervalk and Senators Anthony Bucco, Gerald Cardinale, Diane Allen and John Girgenti, the law allows a distressed parent who is unable or unwilling to care for an infant to give up custody of a baby who is less than 30 days old, safely, legally and anonymously. All that is required is that the baby be brought to a hospital emergency room or police station in New Jersey. As long as the child shows no signs of intentional abuse, no names or other information is required from the person delivering the baby.

How many babies have been saved by Safe Haven?

As of December 31, 2010, 48 newborns have been surrendered under Safe Haven. Other cases didn't qualify as Safe Haven babies for technical reasons, but nevertheless those babies are now safe because their mothers knew about the Safe Haven law. Click here for further statistical information.

In addition to these 48, there are several other children who are now safe as a result of the Safe Haven law. In one case, a mother planning to give up her baby anonymously changed her mind and decided to conduct an open adoption of her child. In another example, the child was brought to a firehouse (instead of a police station or hospital). In another case, both parents brought the child to a DYFS office.

While these and other incidents do not legally qualify as Safe Haven cases, ultimately the children involved are now safe as a direct result of the parents' awareness of Safe Haven. It is also very likely that awareness of Safe Haven has led others who could not cope with parenthood to seek out other safe alternatives, such as adoption through DYFS or private agencies.

The Work Continues

It may be difficult for a law to change the way a very frightened person may act, but the rate of infant abandonment dropped after the law was enacted. In the 12 months before Safe Haven was passed, eight babies were abandoned in public places. In the first 12 months of Safe Haven, there were only two.

During the period of August 2000 to December 2010, 32 children have been illegally abandoned - representing an average of less than 3 abandoned children per year. While we are unhappy that any children are abandoned, this represents a more than 60 percent reduction in illegal child abandonment compared to the year before Safe Haven was passed.