Abandonment of a newborn babies is a prosecutable offense in the state of Illinois.  In 2001 the state passed the Abandoned Newborn Infant Protection Act or Safe Haven Law which allows parents of newborns to surrender the child within 30 days of their birth to a safe haven without being prosecuted.  The law is intended to encourage parents to leave an unwanted newborn with a responsible party, rather than abandon the child, which may result in severe injury or death.  Parents may give an infant to a hospital, manned fire station or other emergency medical facility. In such a situation, the surrendering parent(s) are granted anonymity.

The personnel at these locations are required to accept the infant and:

• provide any medical care necessary to ensure the safety of the child
• check for signs of abuse
• inform the parent that he or she will have to petition the court to prevent the termination of parental rights and regain custody
• offer an information packet to the relinquishing person, which contains information about the Adoption Registry and Medical Exchange
• provide written notice of the process to terminate parental rights
• supply a resource list of counselors (the parent is not required to accept the documents)

It is important to note that there is no presumption that by relinquishing the infant the parent has consented to ending his or her parental rights, nor does the relinquishment constitute abuse, neglect or a violation of any kind. 

By law, a parent may petition for the return of the child within 60 days before his or her rights are terminated. In such a case, the court will order a DNA parentage test and request that DCFS conduct a child protective investigation to determine if the home is safe. The best interests and safety of the child is of paramount importance when the court rules on these matters.

The Illinois Department of Children and Family Services (DCFS) maintains a list of licensed agencies that are able to assume custody of the infant and place the child in a prospective adoptive home. A licensed agency must file a petition in circuit court to request legal custody of the child within three business days of the relinquishment. Before filing the petition, the agency must verify with law enforcement officials that the infant is not a missing child.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.