Restoring the Promise of Maryland’s Safe Haven Law

PRH and DRBB urge Maryland’s Supreme Court to protect parents using the Safe Haven Law from punitive neglect rulings.

OVERVIEW

This amicus brief filed by PRH and Doing Right By Birth (DRBB) urges the Maryland Supreme Court to review lower court decisions that punish postpartum parents who safely surrender their newborns under the state’s Safe Haven Law.

We argue that these rulings undermine the law’s intent—to protect parents in crisis from legal consequences—and instead impose harmful “neglect” findings that can trigger child welfare investigations, loss of parental rights, and lasting health impacts.

Punitive interpretations of the Safe Haven Law worsen the maternal health crisis, particularly among Black, Hispanic, and Indigenous communities, and discourage parents from using safe haven protections meant to save lives and promote family well-being.

The brief states:

In sum, a new parent who surrenders their newborn will face devastating long-term legal and health consequences resulting from a CINA neglect finding. Indeed, entering a CINA neglect finding in the safe haven context against a person suffering from one or more postpartum stressors can punish a parent experiencing a mental health crisis (and who already lacks access to other resources or support) and their children. These potential outcomes can and will discourage postpartum persons from availing themselves of the Law. The penalties are at odds with the purpose of the Law…