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Michigan’s Safe Delivery Law: An Adoption Alternative

Going through an unexpected pregnancy can feel like a rollercoaster of emotions and challenges. There are tough decisions to make, but it’s important to be aware of the options available to you. If you’re in Michigan, one option that is available, but doesn’t get talked about quite as often as the others, is the Safe Delivery law. This law provides a safe and private alternative to adoption, which allows you to give up your baby if needed. Other states have similar laws called “Safe Haven” laws, all designed to help moms in tough situations. 

Just remember, no matter what you’re going through, we’re here to support you. You’re not alone. Our team is ready to help, and everything you share with us stays confidential.

What is Safe Delivery?

Safe Delivery is a law that was created to help moms who have given birth and do not want to or are unable to keep their newborn. With this law, a mom can legally surrender her baby (up to 72 hours after birth) to approved individuals without any legal consequences or future responsibility for the baby. If you’re a mom feeling like you’re not ready to raise a child right now, Safe Delivery offers a caring and legal option to make sure your baby is safe and secure for the future.

How does Safe Delivery work?

A mother can give up her baby, who is up to 72 hours old, to a uniformed emergency service provider/employee who is inside and on-duty at any of the following locations:

  • Hospitals
  • Fire stations
  • Police stations

A mother can also surrender the baby to any paramedic or emergency medical technician by calling 9-1-1.

Those listed above are equipped to handle the immediate care of the newborn and ensure their safety and will take custody of the baby, providing necessary medical care and contacting child protective services to initiate the adoption process.

Will I be responsible for my child after using Safe Delivery?

No, after dropping the child off, your responsibility is transferred to the individual whom you leave the child with. This individual will temporarily protect the child and will begin the process of finding it a safe and permanent home.

Will I need to leave any contact info?

No, surrendering a baby under Michigan’s Safe Delivery law does not require you to leave any identifying or contact information. The process is intentionally confidential, allowing you the privacy of leaving the baby safely and anonymously without fear of legal repercussions while ensuring the baby is in good hands. 

Are there any requirements for Safe Delivery law?

When surrendering a baby, the child must be:

  • Under 72 hours old, 
  • Unharmed, and 
  • Brought by a parent who is not being forced to give up their child.

As long as these requirements are met, and you are in the state of Michigan or another state in which the Safe Delivery law (or “Safe Haven Laws”) are the same, then you may take advantage of Safe Delivery. 

What will happen to my baby? 

After a baby is dropped off to an approved location/individual, the following steps typically occur:

  1. Immediate Care: The approved individual (such as a hospital, fire station, or police station employee) who receives the baby will ensure that the infant is given immediate medical attention and care to ensure their well-being.
  2. Notification and assistance from DHHS: The receiving facility will promptly notify the appropriate child welfare agency, typically the Department of Health and Human Services (DHHS).
  3. Temporary Custody and Adoption: The DHHS will take temporary custody of the baby and ensure they are placed in a safe environment and will assist with beginning the adoption process. The baby will then be placed with an adoptive family. The goal is to find a permanent, loving home for the child as quickly as possible.

Throughout this process, the identity of the mother remains anonymous, and she is not required to be involved in any way or to provide any personal information unless she chooses to.

Safe Delivery is a great option for preserving the life of a child. This law allows for a child to be left with a responsible guardian in a safe location with no consequences to the mother. It maintains the mother’s peace of mind, and allows the child a chance to live a life with an adoptive family. 

If you are considering taking advantage of Safe Delivery or if you have any questions on pregnancy alternatives or related topics, please contact our team at Sienna Women’s Health.

For more information on Safe Delivery law, or to find requirements for locations outside of Michigan visit this website: https://www.nationalsafehavenalliance.org/find-a-safe-haven

Sources

Infant safe Delivery laws – child welfare information gateway. (n.d.).
https://www.childwelfare.gov/pubpdfs/safehaven.pdf 

National Safe Haven Alliance
https://www.nationalsafehavenalliance.org/find-a-safe-haven

Safe delivery. SOM – State of Michigan. (n.d.).
https://www.michigan.gov/mdhhs/faq/safe-delivery 

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