Saint Joseph Cathedral is a Safe Haven

Under the Safe Haven Law, RSA 132-A, an unwanted newborn baby may be dropped off by his parents—no questions asked—at any “safe haven,” including a church, hospital, police station, or fire station. These “safe havens” are allowed to take temporary custody of the baby, are shielded from legal liability, and are allowed to protect the identity of the newborn’s parents. These infants are then turned over to the department of health and human services. 

Since its initial passage over twenty years ago, New Hampshire’s “Safe Haven Law,” sometimes called the “baby drop-off law,” has directly saved the lives of babies, but it has needed strengthening in certain key areas. Thankfully, the Governor has signed HB 1607 into law effective 9/24/24 which effectively strengthens and restores important safe haven protections for these vulnerable children and their parents.

Under the original Safe Haven Law, infants up to seven days old could be safely surrendered. And while not necessarily the original law’s intent, in certain instances some hospital personnel and state agencies may have placed infants at risk by reporting and criminally investigating parents who surrendered their babies. Our Safe Haven Law was meant to offer high-risk parents every incentive to act in the best interests of their baby, giving the child a chance to survive and to grow up in a loving home. It was not meant as a law enforcement tool to lure and catch criminals. 

HB 1607 enhances the Safe Haven Law to improve protections for infants and their parents in three key ways:

1. Increases the maximum infant age for surrender from seven to 61 days.
2. Provides important legal protections for parents by preventing law enforcement from using the act of surrender to gather any evidence that could be used in a criminal prosecution.
3. Approves the use of infant safety devices by certain facilities, essentially specially designed and equipped containers that can safely accept a child and immediately alert staff.

Churches are uniquely positioned to help these at-risk newborns. Even with the new protective measures in the law, parents may place more trust in surrendering their child to a church with the additional assurance of New Hampshire’s recognition of “clergy-penitent privilege.” This means that no minister can be compelled to give evidence against someone who confesses to him in confidence. This includes identifying information about the person.