Safely Surrender Baby Law

What is the Safely Surrendered Baby Law?

The Safely Surrounded Baby Law allows a parent or person with lawful custody to surrender a baby confidentially, without fear of arrest or prosecution for child abandonment. This law allows for at least a 14-day cooling off period, which begins the day the child is voluntarily surrendered. During this period, the person who surrendered the child can return to the hospital to reclaim the child.

Safe Surrender sites are typically hospital emergency rooms. For a complete list of surrender sites and additional information dial 211 (Sacramento County) or 1-877-BABY-SAF (1-877-222-9723). The Sacramento County Probation Department is NOT a Safe Surrender site.

How Does it Work?

A distressed parent who is unable or unwilling to care for an infant can legally, confidentially and safely surrender their baby within three days of birth. All that is required is that the baby be brought to a hospital emergency room and physically surrender the infant to any staff member. As long as the child shows no signs of abuse or neglect, no name or other information is required. A bracelet will be placed on the baby for identification. A matching bracelet will be given to the parent. The bracelet will help connect the parent to the baby if the parent wants the baby back.

Does a Parent Have to Give Any Information to the People Taking the Baby?

No. Nothing is required. Hospital personnel will give the parent a medical information questionnaire designed to gather family medical history, which would be useful in caring for the child. It is up to the parent if they wish to give any additional information concerning the baby.

What happens to the Baby?

The baby will be examined and given medical treatment, if needed. Child Protective Services will place the baby in a foster or pre-adoptive home.

What Happens to the Parent?

Parents who safely surrender their baby may leave the hospital emergency room or other designated site without fear of arrest or prosecution for child abandonment. Their identity will remain confidential and they will have the comfort of knowing their baby will remain in safe hands. If during the 14-day cooling off period the parents decide that they want to reclaim the baby, they can take the identifying bracelet back to the hospital, where staff will provide information about the baby.

Why is California Doing This?

The purpose of the Safely Surrendered Baby Law is to protect babies from being hurt or killed because they were abandoned. Abandoning a baby puts the child in extreme danger and it is illegal. Too often this results in the baby's death.