Family & Safety

The Illinois Abandoned Newborn Infant Protection Act is Illinois’ Safe Haven law. This law allows a parent to anonymously give up an unharmed infant, who is 30 days old or younger, at a designated Safe Haven. The law ensures that the baby will receive immediate medical care and is placed in a safe, adoptive home.

This law protects the parent who is giving up the child from being sued or charged with a crime, as long as there are no clear signs that the baby has been abused or neglected. The parent who is giving up the child must hand the baby directly to a staff member at a Safe Haven. The parent will not be asked to provide their name, no police will be called, and they may walk away without fear of arrest.

Parents still have rights after giving up a baby under the Safe Haven law. Parents have 30 days from the date of giving up the baby to request the name and contact information of the facility caring for the baby. They have 60 days from the date of giving up the baby to file a petition in circuit court to try to reclaim the baby.

A parent can leave their newborn baby with any staffed worker at a Safe Haven with no questions asked if:

• The baby is 30 days old or younger, and
• The baby has not clearly been harmed (no signs of abuse or neglect).

Safe Haven locations are:

• Hospitals
• Emergency care facilities
• Police stations
• Fire stations (staffed)
• College/University Police Department
• Illinois State Police District Headquarters

The baby must be handed directly to a staff member. If there is not a staff member present at the Safe Haven, call (888) 510-2229 for confidential help.

The parent does not need to provide their name or answer any questions. They are free to leave unless they ask for medical help or counseling.

The below sign may be displayed at Safe Haven locations to indicate that a baby can be left with the staff there. 

No. Illinois’ Safe Haven law allows a parent to anonymously give up their baby to a staff member at a Safe Haven location. Staff will not ask for the parent's name or any other questions.

While the law allows complete anonymity, they have the option to share medical or family history through the Illinois Adoption Registry and Medical Information Exchange (IARMIE). When a parent brings their baby to a Safe Haven, these forms will be offered to them. The parent may fill them out there, or they may take them with them and return them by mail. The form can also be downloaded at the IARMIE website. All information will be kept confidential. The parents do not have to give their names and still make sure the baby grows up with a medical history.

The parents can also call the Save Abandoned Babies Foundation at (312) 440-0229 from 9:00 AM to 5:00 PM to give confidential information about the baby. 

Not immediately. There is a legal presumption that by leaving a baby at a Safe Haven, the parent consents to the termination of their parental rights with respect to the baby. If the parent gives their baby to a worker at a Safe Haven:

• A licensed child welfare agency will take custody and care for the baby.
• Within three days, they will go to court to ask for legal custody and begin the adoption process.
• The agency or state will then ask the court to terminate parental rights no sooner than 60 days after the baby was given up.

After 60 days, if the court has terminated the parents’ rights, the biological parents can no longer claim any legal rights to the child.

Once a parent hands their baby to a hospital worker at a Safe Haven:

• The parent can leave immediately and anonymously.
• If at a police or fire station, the baby is transported to the nearest hospital, where the baby will receive a health exam and medical care.
• The hospital notifies the Department of Children and Family Services (DCFS), who will contact an adoption agency to begin the adoption process.

Possibly. A biological mother who has given up a baby can choose to remain anonymous. However, they may provide the name of the child’s biological father. If the name of either biological parent is known, the child-placing agency must make an effort to identify and notify the biological father before filing a petition to terminate parental rights. If someone is listed in the Illinois Putative Father Registry or otherwise identified as a possible father, they will be notified of the legal proceedings. If no one is registered or identified as the biological father, the agency may proceed without providing notice. Illinois law does not place a time limit for finding the missing father, but the law does say that the Department of Children and Family Services must search the Putative Father Registry at least 30 days after the baby’s estimated date of birth.

Yes. After giving up their baby under the Illinois Safe Haven law, a parent has up to:

• 30 days from the date the baby was given up to ask the Safe Haven where they left the baby for the contact information of the child welfare agency or hospital caring for the baby. The child welfare agency or hospital must give the parent this information if the request is made in this timeframe.
• 60 days from the date the baby was given up to file a petition for the return of custody of the baby in the circuit court where the termination of parental rights case is pending. The Department of Children and Family Services (DCFS) will do an investigation and a home study. DCFS may also conduct genetic testing to confirm the baby’s biological parents.

If the parent changes their mind after leaving a baby at a Safe Haven, they should call DCFS at (800) 252-2873 to discuss options. If a parent doesn't seek to reclaim the baby before their parental rights are terminated, they lose the legal ability to try to get the baby back or assert any parental rights in the future.

In the case of older children, the Safe Haven law cannot be used. The Safe Haven law only applies to infants 30 days and younger. In order to give up older children, the parents must follow the statutory adoption process, which is a more involved and formal process. 

A terminally ill parent may consent to a standby adoption. A standby adoption occurs when a legal parent consents to a specified person adopting their child at a future date. It becomes effective when the consenting parent of the child dies or that parent requests that the final judgment of adoption be entered. 

Adoption is a formal legal process that can be done for a child of any age. Both biological parents will no longer have their legal parental rights, either through their consent, termination, or through the parent’s death. Other individuals will become the legal parents of the child through a court order.

Giving up a child through Illinois’ Safe Haven Act means the parent agrees to give up their parental rights to an infant under the age of 30 days. After a short while, the court can then proceed with a legal proceeding allowing other individuals to adopt the child.

Yes, the biological parent and child can later contact each other, but only if both the parent and the child voluntarily register and agree to exchange information through the Illinois Adoption Registry and Medical Information Exchange (IARMIE).

A parent who gave up a child under the Illinois Safe Haven law can later register with IARMIE to indicate whether they do or do not want to be contacted. If the child (once older or adopted) also registers and agrees to contact, the two may be able to exchange identifying or medical information, and possibly make contact. Participation is voluntary on both sides, and privacy is protected unless both parties give consent. See more information on registering for the IARMIE program. 

Illinois Abandoned Newborn Infant Protection Act.

For more information or support, contact the following agencies:

• Illinois Department of Children and Family Services (DCFS)
  • Advocacy Office for Children and Family Services: (800) 232‑3798 (Weekdays, 8:30 AM – 5:00 PM)
  • 24-Hour Child Abuse & Neglect Hotline: (800) 252‑2873
• Save Abandoned Babies Foundation
  • Phone: (312) 440‑0229
• Illinois Department of Human Services (IDHS)
  • Help Line: (800) 843‑6154
  • TTY: (866) 324-5553
• Midwest Adoption Center (MAC)
  • Phone: (847) 298‑9096
• Illinois Adoption Registry and Medical Information Exchange (IARMIE)
  • Phone: (217) 557-5159
  • TTY: (800) 547-0466

No, a parent does not need a lawyer when giving their child to a Safe Haven location. However, if the parent later changes their mind about giving up the baby, they have 60 days to petition the court to reclaim the baby. If you’re pursuing a return of custody, having legal representation can be very helpful, though it isn’t mandatory. For more information or to be referred to a lawyer, see Get Legal Help.