Did you ever wonder if Michigan's Safe Delivery Law is working?

First, what is this law? Michigan's Safe Delivery of Newborns law took effect on January 1, 2001. The law targets desperate parents and encourages the placement of their newborns in a safe environment. The law allows for the anonymous surrender of newborns within 72 hours of their birth to an Emergency Services Provider (ESP); i.e., to a hospital, a police or fire station or to a 911 responder. The intent of the law is anonymous, safe surrender of newborns without fear of prosecution and to make the child available for adoption. Private adoption agencies assume responsibility for the child as soon as medical authorities determine that the child has not been abused or neglected, that the infant is not more than 72 hours old and that the 28 day waiting period has passed as described below.

An important part of this law is that the parents have the right to again assume custody and parental rights for their surrendered babies if they do so within 28 days of surrender. There has been only one mother who has reclaimed her baby by filing a petition in court for return of custody. That occurred in Oakland County in 2007.

One other case may be of interest and is not counted in the Safe Delivery statistics. It occurred in Wayne County in 2009 when a 19 year old woman surrendered her newborn. It was later determined that the baby was eligible for Indian tribal membership in a federally recognized Indian tribe and this case did not result in legal proceedings under the Safe Delivery of Newborns law.

What happens when the mother and/or father of a newborn arrives at an ESP to surrender the infant under this law? They may do so without identifying themselves, but would be asked to provide a family medical history so that they baby may be properly cared for. They may decline to provide the medical history. They would also be asked to sign a parental release form that makes it clear that they are giving up parental rights and that the baby will be put up for adoption, but they are not required to sign this form.

Back to the question: Is this new law working in Michigan? The actual results from the nine full years that the law has been in effect may help us decide. Through December 31, 2009, there have been a total of 70 babies surrendered under this program. That is an average of about 8 babies per year. The most, 13, were surrendered in the first year and the least, 1, was surrendered in the second year. In 2009, there were 5. In Oakland County, there have been a total of 26 or an average of nearly 3 per year. Wayne County had 13. Of the 70 babies surrendered, 66 were surrendered at hospitals, 3 at fire stations a 1 at a police station. There were none surrendered to 911 responders.

One would have to conclude that the program has shown some success. 70 babies have either been adopted by loving parents or are in the process of being so adopted. We continue to read about babies being abandoned that could have been safely delivered under this law. Why weren't they? It is this writer's belief that the program would be more successful and that more babies would be delivered under the Safe Delivery of Newborns law if it were better and more frequently publicized by the media.
The public should become better educated on this law and be reminded more frequently about its content. It is a good law and all young mothers should be made aware of it.

Now, you know more about Michigan's Safe Delivery of Newborns Law and whether it is working.