A "Safe Surrender" sign at San Jose's Fire Station 28.

No Shame, No Blame, No Names

There are options for new parents who find themselves unprepared or unable to raise a child. California's Safe Surrender Baby Law helps parents in need by giving them a safe, legal and private way to surrender their baby to a loving home.

How to Safely Surrender a Baby

A parent who is unable or unwilling to care for an infant can legally and confidentially surrender their baby within 72 hours of birth to any Safe Surrender Site without fear of arrest or prosecution for child abandonment, as long as the baby shows no signs of abuse or neglect. This can be done 24 hours a day, 7 days a week.

  1. Take the baby to an employee at any fire station or emergency hospital room in Santa Clara County. Parents can also call 9-1-1 to have a fire engine dispatched to their location. Santa Clara County residents can call 2-1-1 for information about Safe Surrender Sites in the County.
  2. State that you would like to safely surrender the baby. You must state your intention and leave your newborn with a fire station or hospital employee. Don’t leave the baby there alone.
  3. The employee will give you and the baby matching ID bracelets. This will help you reconnect with the baby if you change your mind. Once a baby is surrendered, you have 14 days to change your mind. The fire station or hospital employee accepting your baby will provide more information on how to reclaim your child.
  4. You will be given an optional medical questionnaire. This information can help keep the baby safe and healthy. The form can be returned later and includes a stamped return envelope. No names are required.
  5. The process is complete. There are no other requirements and the parent is free to go.

A safely surrendered newborn is examined and given medical treatment, if needed. The county child welfare agency will find a caring family to take care of the baby. If an adoptive family is not available right away, the baby will be placed with a temporary foster family until an adoptive family is located.

Safe Surrender vs Voluntary Relinquishment

Parents should understand the differences between the Safe Surrender and Voluntary Relinquishment of an infant. The chart below highlights some key differences.

 Safe Surrender  Voluntary Relinquishment
The baby must be less than 72 hours old. Child can be more than 72 hours old
The baby would be placed in a foster or adoptive home chosen by the County's Department of Family and Children's Services. The parent is able to share his or her preference as to what kind of adoptive family he or she prefers, and, if the adoption is done through a private adoption agency, may be able to help select the adoptive family.
The parents’ identity will be anonymous. The parents’ identity will remain confidential if relinquishment is done through the County's Department of Family and Children's Services; however, if through private adoption agency, the parent can waive confidentiality. 
The child will not know their family or medical history unless the parent completes the medical questionnaire. The child will know his or her family medical history and background, if the parents provide information. 
The parents will not be able to exchange correspondence with the adoptive family. There is no possibility of an “open” adoption. If adoption is completed through a private adoption agency, the parents may be able to exchange correspondence with the adoptive family, and may be able to participate in an “open” adoption.
The parent is not required to disclose information about the birth father. The parent will be asked to disclose information regarding the birth father.