Creating a Safer Haven: A Post-Dobbs Proposal for a Model Infant Safe Haven Law.

Following a rash of headlines about infant abandonments in the 1990s, every state passed a Safe Haven Law (SHL) which permits the anonymous surrender of infants to a safe place, like a hospital. Over 4,000 infants have been surrendered in the last quarter century. SHLs received renewed attention after Dobbs v. Jackson Women's Health (the 2022 case that overturned Roe v. Wade and eliminated the constitutional protection for abortion), where they were cited in both oral argument and the majority opinion. Following Dobbs, nearly two dozen states enacted abortion bans or restrictions and subsequently saw an increase in their birthrates. At the same time, the idea of Baby Boxes--devices placed on the outside of hospitals and fire stations where an infant can be surrendered without a face-to-face encounter--gained traction. Many state legislatures have reacted to Dobbs and the Baby Box trend by re-evaluating their SHLs. This Note evaluates current SHLs and makes recommendations for a Model Safe Haven Law to instruct states on how to best support mothers and infants in crisis as they update their statutes. Part I explains the data on infanticide and illegal infant abandonment and outlines the most significant shortcomings and strengths of SHLs thus far. Part II proceeds to analyze five key elements of SHLs: the maximum age of surrender, surrender locations, anonymity, parental rights, and criminal liability. Part III offers evidence-based recommendations in the form of a model law to help SHLs fulfill their promises of reducing illegal infant abandonment and supporting families in crisis. [ABSTRACT FROM AUTHOR]