The Abandoned Newborn Infant Protection Act allows for a parent to relinquish a newborn to the care and custody of a safe haven. This law provides a safe alternative to parents who may be under severe emotional distress or are unable to provide for the basic need of an infant.

On August 17, 2001 Governor Ryan signed House Bill 632 and Senate Bill 216, enacting The Abandoned Newborn Infant Protection Act. With the passage of this Act, Illinois recognizes that newborn infants have been abandoned in various circumstances that are unsafe. These circumstances resulted in death or severe bodily harm to infants of Illinois. This Act provides a mechanism for infants to be relinquished into a safe haven. The Act also provides immunity from prosecution for child abuse, neglect or abandonment to parents as an incentive to relinquish their newborn to a safe haven.

This Act provides procedures to follow when a parent relinquishes an infant to a hospital, manned fire station or other emergency medical facility. The Act also states that a parent may relinquish an infant anonymously and free from prosecution if the requirements of the Act are followed. In addition to the requirements for hospitals, fire stations and emergency medical facilities, there are various requirements for government agencies to follow such as reporting requirements, placement for the infant and the termination of parental rights.

Under the Act, there are two definitions that are important to note. The Act defines a "newborn", as an infant who a licensed physician determines is seventy-two (72) hours old or younger. "Relinquish" is defined as leaving the infant with the personnel of a hospital, fire station or other emergency medical facility. Hospitals, fire stations and emergency medical facilities have a number of responsibilities under the Act. These facilities must accept the infant and provide any medical care necessary to ensure the safety of the child and that no abuse or neglect is apparent. Additionally, personnel must provide an information packet to the relinquishing person which contains information on the Adoption Registry and Medical Exchange, written notice of the process to terminate parental rights, which will take place no sooner than sixty (60) days after the relinquishment procedure, and a resource list of counselors. Personnel must inform the relinquishing person that they may do so anonymously and acceptance of the information packet is completely voluntary. Before the relinquishing person leaves the hospital, fire station or emergency medical facility, personnel shall verbally inform the person that by relinquishing the infant anonymously he or she will have to petition the court to prevent the termination of parental rights and regain custody.

Section 35 of the Abandoned Newborn Infant Protection Act requires that hospitals, fire stations and emergency medical facilities offer a packet of information to the relinquishing parent, The packet must contain:

I . Illinois Adoption Registry - Explanation
2. Illinois Adoption Registry Application
3. Illinois Adoption Registry Application. Section C (2 pages)
4, Birth Parent Registration Identification
5. Information Exchange Authorization
6. Denial of Information Exchange
7. Illinois Adoption Registry Medical Questionnaire (2 pages)
8. Illinois Adoption Registry web site address and toll-free phone number
9. Written notice of procedures related to termination of parental rights
10. A resource list of providers of counseling services, including grief counseling, pregnancy counseling, and counseling regarding adoption and other available options for placement of the infant.

For packet information:
www.state.il.us/dcfs/index.shtml

For further information:
www.saveabandonedbabies.org