Louisiana Safe Haven Law: Who, Where, and 30-Day Reclaim

Louisiana’s Safe Haven Law lets a parent surrender a newborn up to 60 days old at a designated facility, anonymously and without facing criminal charges for abandonment or cruelty. The law lives in Chapter 13 of the Louisiana Children’s Code, Articles 1149 through 1162, and no fees are ever charged for a surrender.

Who Can Surrender a Baby

Only a parent can surrender an infant under this law. Grandparents, friends, and other relatives acting on a parent’s behalf are not covered, and if someone other than the parent drops the baby off, the safe haven protections may not apply.¹

The infant must be 60 days old or younger, as determined by a physician’s examination. There is one exception: for babies who spent time in a neonatal intensive care unit after birth, the 60 days are counted from the date of initial hospital discharge rather than from the birth date.¹

The infant must also show no signs of prior abuse or neglect. If a doctor finds evidence of mistreatment during the intake exam, the surrender falls outside the Safe Haven framework and the state opens a child-in-need-of-care investigation instead.²

Where You Can Surrender a Newborn

Louisiana calls these places “designated emergency care facilities.” They are:

Any licensed hospital in the state.
Certain medical clinics during normal business hours only: parish public health units, licensed rural health clinics, licensed ambulatory surgical centers, and federally qualified health centers. Private doctor’s offices and dental offices do not count.
Manned fire stations.
Manned law enforcement stations.

The word “manned” matters. A parent cannot leave an infant at an unstaffed substation or a closed clinic; a person has to be physically present to receive the child.¹ If a firefighter, officer, or EMS provider is the one who receives the infant, that person must immediately transport the baby to a hospital.³

Newborn Safety Devices (Baby Boxes)

Louisiana also authorizes newborn safety devices, sometimes called baby boxes. These are climate-controlled enclosures installed at facilities staffed 24 hours a day, every day of the year. The device locks automatically once the parent closes the access door, and the only thing inside is a firm, flat mattress with a fitted sheet. They are placed so the parent never has to interact with anyone. Signage at each device spells out the age limit, the no-abuse requirement, and the fact that placing the baby inside is consent to state custody.⁴

How the Surrender Works

A parent can hand the infant directly to a staff member at a designated facility or place the infant in a newborn safety device. Either method triggers the same legal protections and the same duty on the facility’s part to notify the Louisiana Department of Children and Family Services (DCFS) right away.³

If you hand the baby to a person, that staff member must give you written information covering four things: how to contact DCFS later with questions or medical history, available counseling services, your right to file a legal claim to reclaim the child, and your right to use Louisiana’s voluntary registry to share non-identifying information in the future.³

You will also be asked to voluntarily share any information about prenatal care and the name of the other parent. Neither request is mandatory. You do not have to give your name or any identifying details to complete the surrender, and safe haven providers cannot compel you to.⁴ Any information you do share is kept confidential.

Criminal Protection

A compliant surrender under the Safe Haven Law is explicitly not a crime. The statute says the act does not constitute neglect, abandonment, or cruelty to a child, and it will not trigger an abandonment investigation by DCFS.⁴

Those protections displace serious penalties. Criminal abandonment in Louisiana carries up to one year in jail and a $1,000 fine.⁵ Cruelty to juveniles carries up to ten years in prison.⁶

What Happens to the Baby

After the facility notifies DCFS, the department must request an emergency custody order from the court and take physical custody of the infant within 12 hours of learning the baby is ready for hospital discharge.² The surrender itself counts as parental consent for all necessary medical examinations and treatment.

A court hearing follows within three days of the infant entering DCFS custody. No notice to the surrendering parent is required. At the hearing, DCFS must show that the infant was lawfully surrendered and that there is no evidence of prior abuse or neglect. If the court is satisfied, it orders continued DCFS custody and makes a formal finding that family reunification efforts are not required. The baby is typically placed with a foster or pre-adoptive family while the process to terminate parental rights moves forward.²

The 30-Day Window to Reclaim Your Child

A parent who surrenders an infant has 30 days from the date of relinquishment to change their mind. To do so, you must file a motion in the court of the parish where the infant was surrendered, declaring your intention to retain parental rights.⁷ A phone call to DCFS is not enough; the statute requires a formal court filing within that window.

If no parent files within 30 days, the state proceeds toward terminating parental rights and clearing the child for adoption. The surrender itself is treated as a presumed relinquishment of parental rights, so no additional parental consent is needed before an adoption can move forward.

Rights of the Other Parent

When one parent surrenders an infant, the other parent still has rights the state must address. DCFS is required to make a diligent effort to identify and locate any non-surrendering parent, which includes a search through Louisiana’s Missing and Exploited Children Information Clearinghouse and a check of the state’s putative father registry.²

If the other parent cannot be identified after a diligent search, the court will terminate that parent’s rights based on a registry certificate showing no matching registration.⁷

If the other parent is identified, they receive formal notice of the surrender and have 15 days from service to file a motion opposing the adoption. If they file in time, the court holds a hearing within 20 days. At that hearing, the parent must prove paternity through acknowledgment or DNA testing, demonstrate fitness to parent, and show a substantial commitment to parental responsibilities, including consistent financial support and visitation efforts during or after the pregnancy. Failing to file in time or failing to meet that burden results in termination of their rights.⁷

Where to Call Before You Decide

DCFS maintains two toll-free numbers: 1-888-510-BABY (1-888-510-2229) and 1-855-4LA-KIDS (1-855-452-5437). You can call either anonymously to ask questions, share medical information about the baby, or learn about your rights and alternatives.⁸ The National Safe Haven Alliance operates a 24/7 crisis helpline at the same 1-888-510-BABY number and connects parents with support resources when they feel unprepared for parenting but have not decided on surrender.

1
Justia. Louisiana Children’s Code Article 1150 – Definitions
2
Justia. Louisiana Children’s Code Article 1154 – Safe Haven Continued Custody Hearing; Instanter Order
3
Louisiana Department of Children and Family Services. Louisiana Children’s Code – Chapter 13 Safe Haven Relinquishments
4
Justia. Louisiana Children’s Code Article 1151 – Relinquishment of Infants; Defense to Prosecution
5
Justia. Louisiana Revised Statutes Title 14, RS 14-79.1 – Criminal Abandonment
6
Justia. Louisiana Revised Statutes Title 14, RS 14-93 – Cruelty to Juveniles
7
Louisiana Department of Children and Family Services. Louisiana Children’s Code Articles 1149-1152 – Safe Haven Relinquishments
8
Louisiana Department of Children and Family Services. About Safe Haven