Illinois law protects abandoned newborn infants
As a way to protect newborn infants, an Illinois law passed in 2001, states that parents of newborns can surrender them within 7 days of their birth to a safe haven without being prosecuted.
The Abandoned Newborn Infant Protection Act recognizes that Illinois newborns who are abandoned may face severe injury or even death. Therefore, the law intends to encourage parents to give the newborn to a hospital, manned fire station or other emergency medical facility. If they do so, the surrendering parent(s) will be given anonymity.
Under the law, the people at these drop-off locations have responsibilities. First, they must accept the infant and provide any medical care necessary to ensure the safety of the child, and they must also check for any signs of abuse.
The personnel must then offer 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 and a resource list of counselors; however, the parent is not required to accept it. During the surrender process, personnel must inform the parent that he or she will have to petition the court to prevent the termination of parental rights and regain custody. There is no presumption that by relinquishing the infant that 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, the process to terminate parental rights must take place no sooner than 60 days after the relinquishment procedure.
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.
Within three days of being surrendered, the licensed agency must file a petition in circuit court to request legal custody of the child and terminate parental rights. Before filing the petition, the agency must search the Illinois Putative Father Registry and verify with law enforcement officials that the infant is not a missing child.
A parent may petition for the return of the child before his or her rights are terminated. If that happens, the court orders a DNA parentage test and requests 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.
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.
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