Date: 01/20/22

Author: Prime Law Group

Illinois Safe Haven Law

Adoption laws are state specific, in Illinois there are specific laws pertaining to adoption. In addition to adoption, there are also Safe Haven that allow parents to give up their newborn baby for adoption. Parents that feel they cannot raise a child can surrender the newborn at a legally designated safe location. However, two very specific requirements are needed.

Illinois Safe Haven Law Requirements

First, the baby must be in good health and not hurt, abused, or neglected. Secondly, the baby must be less than 30 days old. If these requirements are met, there will be a presumption that the parent agrees to the surrender of their parental rights and adoption of the child. Failure to abide by these requirements could result in a criminal and DCFS investigation. 

Safe Places

First, we will define what is meant by a “safe place”. According to the Safe Haven laws, a newborn may be left at either a hospital or a healthcare facility. In addition, police stations are considered a safe place, as well as staffed fire stations. 

Adoption Vs. Safe Haven Law

While in both instances a biological parent is giving up their child to someone who can take care of them. However, there are basic distinctions to make when comparing traditional adoptions and Safe Haven laws. To clarify, Safe Haven laws are on a no questions asked basis and anonymous as long as the 2 requirements mentioned earlier are upheld. However, traditional adoptions require many procedural steps and can be a lengthy legal process. Unlike Safe Haven laws, traditional adoption is a formal process where parents give up their child. Furthermore, putting up a child for adoption means that the parents are willingly giving up their rights to parent that specific child. In conclusion, Safe Haven laws do not call for a legal process unlike traditional adoptions

Help from an Adoption Lawyer

A family law attorney at Prime Law Group LLC, can help you make sense of this situation. Give us a call if you have a question regarding adoptions or any other family law matters.