Yes, Texas mothers can legally surrender a baby under Safe Haven law. Here’s what to know

A newborn baby was found dead in the front yard of a Fort Worth house Tuesday morning.

Police believe the child was placed there between 10 p.m. Monday and 6:40 a.m. Tuesday. The cause of the baby’s death is under investigation as police seek out video surveillance footage and witnesses with information about the child’s mother or family.

While police continue to investigate what happened to the dead infant, this heartbreaking story begs the question of what options are available to parents in crisis in Texas. Can they legally leave their newborn at a designated safe place with no questions asked? If the baby is unharmed and safe, parent’s will not face any criminal charges.

Here’s what we know about the Safe Haven law in Texas:

What is the Safe Haven law and how does it work in Texas?

The Safe Haven, also known as the Baby Moses law, gives parents who are unable to care for their child a safe space to go.

As long as the baby is 60 days old or younger and unharmed and safe, parents can freely give their child away at any of these safe spaces in Texas, according to Texas Department of Family and Protective Services:

  • Hospital

  • Fire station

  • Free-standing emergency center

  • Emergency medical service station

Parents need to give the baby to an employee who works at the safe place and tell them they wish to leave the child in their custody. The employee then might ask parent’s for any family or medical history to ensure the baby receives the care it needs.

If the baby is left at a fire or EMS station, they could be taken to a hospital to receive any potential medical care. After being examined, the baby will be handed over to the state’s local family and protective services office.

Why is it also called the Baby Moses law?

While officially called the Safe Haven law, the legislation has a nickname with biblical ties.

The law is nicknamed after the biblical story based on baby Moses, according to the Baby Moses Project. The account of the baby Moses in the Old Testament starts with the decree from the Pharaoh of Egypt to kill all Hebrew boys for fear that they could become too powerful. The mother of Moses placed him in a basket when she could no longer hide his cries and let the basket float among the reeds of the Nile. When the basket and the boy were discovered by one of the Pharaoh’s daughters, he was adopted into the royal household.

As a way to show their care and love for these children, the Safe Haven law has been dubbed the Baby Moses law by its advocates.

How many children have been left at safe havens?

Only 172 babies have been surrendered to safe havens since 2009, according to the Texas Tribune.

In 2020, records show 21 babies were handed over to safe havens — the most infants relinquished in a year.