Domestic Adoption
Safe Delivery Law Revisions
Michigan, like many states across the country, has seen stories reported in the news media of newborn babies abandoned in such places as dumpsters, parking lots, car washes, or public restrooms. While there are a number of reasons why a young, scared parent may abandon a baby, this phenomenon has led many states to look at how they can prevent abandonments from occurring and save children’s lives.
To protect the safety of newborns, Michigan approved the Safe Delivery of Newborns Law on June 26, 2000, making it legal for a birth parent to surrender his or her infant in a safe and anonymous manner.
What does the law provide?
Unharmed newborns, up to 72 hours old, can be taken to an Emergency Service Provider (ESP)—a uniformed or otherwise identified employee of a fire department, hospital, or police station that is inside the building and on duty. The birth parent has the choice to leave the infant without giving any identifying information to the ESP.
The ESP is authorized to accept the infant and provide whatever care may be necessary.
- The ESP will make a reasonable effort to provide the surrendering parent with the following information:
- A written statement of the birth parent’s rights following surrender of the infant.
- Information about other confidential infant placement options, as well as information about the availability of confidential medical and counseling services, e.g., Public Health, Community Mental Health, Family Planning Clinics, Adoption Agencies.
What are the rights of the surrendering parent?
- The surrendering parent has the right to be informed that by surrendering the newborn, the parent is releasing the newborn to a child placing agency to be placed for adoption.
- The surrendering parent has 28 days to petition the court to regain custody of the newborn.
- Any information the parent provides the ESP will not be made public.
- A criminal investigation shall not be initiated solely on the basis of a newborn being surrendered to an ESP.
What happens to the baby?
- After the child’s medical status is assessed and any urgent medical needs are met, the newborn is placed under the temporary custody of the court in an approved potential adoptive family.
- After the 28-day period for the birth parent to petition the court for custody elapses, there will be a public hearing to terminate parental rights.
- There will be a public notice of this hearing, and the notice will not contain the birth parent’s name, even if known.
- The birth parent will not receive personal notice of this hearing, even if that birth parent has provided a name and address to the ESP.
- The infant will be placed for adoption as soon as parental rights have been legally terminated.
Can the birth parent provide background information?
Yes! Definitely. The ESP will make a reasonable attempt to offer the surrendering parent the opportunity to:
- Identify herself and the other birth parent.
- Provide information about prenatal care.
- Provide family medical history and any history of parental substance abuse.
- Sign a release of parental rights.
- Receive information about confidential medical care of which she may be in need.
Does this law encourage parental irresponsibility?
There is no evidence from other states that the presence of such laws encourage abandonment. The purpose of this law is to reduce the tragic loss of life when parents of newborns react out of fear and panic.
Revisions to the Law
Paula Springer, director of AAI’s Eastern Michigan offices, was asked to be a part of the Safe Delivery Legal Sub-Committee group, which was working to revise the law. They met several times at the end of 2005 and the beginning of 2006. They have now completed that work and are in the process of completing the drafting of the bill. The bill will then be submitted to the agreeing sponsor, Senator Johnson. In addition to the group of which Paula Springer was a member, there are also committees for public awareness and professional training in hopes of making the community more aware of the law and educating professionals on the process.
On April 3, 2006, Governor Granholm signed an official proclamation and held a news media event at Sparrow Hospital to introduce the new Safe Delivery logo, the Safe Delivery sign for emergency service providers (ESP), and the Response & Resource Handbook.
More Information
For more information about the Safe Delivery Law call toll-free: 866.733.7733.
Information provided by the Michigan Department of Services. For more information, visit http://www.michigan.gov/dhs.
