NEWBERRY — The South Carolina Department of Social Services put out a press release on Wednesday, November 15, informing that an infant in York County was surrendered under the Safe Haven Act or Daniel’s Law.

“The infant was safely surrendered at the hospital and medically evaluated. Under the Safe Haven for Abandoned Babies Act, York County DSS took custody of the infant, and the infant has been placed in a licensed foster home,” DSS said.

The Safe Haven Act, or Daniel’s Law, was passed into law in 2001 after an infant boy survived being buried and abandoned in an Allendale County landfill. Nurses named the boy Daniel as he recovered and the law, named after him, was passed to prevent abandonments that are often fatal for infants. The law was cited when the Supreme Court overturned Roe v. Wade, taking away the constitutional right to abortion.

The law states that any infant up to 60 days old can be surrendered at designated locations with no judgment or repercussions. This gives the infant a chance to grow up in a home that can provide for them and give them a healthy life and a loving family. Oftentimes, parents who surrender their children do so because they feel they are not ready or able to raise a child. Most infants that are surrendered are adopted quickly. Since 2009, 64 babies in South Carolina have been surrendered, with 2023 having the highest number of eight as of November 15. Nationwide, since 2001, 1,341 infants have been safely surrendered. The legal option to surrender is rare across the nation but provides a fair opportunity for both parents and the infant.

It should be known that:

• The law applies to infants up to 60 days old.

• If the baby has been harmed in some way, the immunity from prosecution may not apply.

• A person who abandons a newborn cannot be prosecuted for abandonment if he or she takes the unharmed baby to staff or an employee of a Safe Haven. Safe Havens are defined as a hospital or hospital outpatient facility, law enforcement agencies, fire stations, emergency medical services (EMS) stations, or a house of worship during the time the church or synagogue is staffed. The receiving “haven” should complete this form.

• DSS will have legal custody of the child and will place the child in a foster home.

DSS will immediately pursue family court action to free the child for adoption.

• The hospital will provide medical care and contact DSS.

• The person leaving the child will be asked to provide medical information about the baby’s parents and, if possible, the name of the baby’s parents. This will help the medical personnel treat the baby for any health problems.

• The person leaving the child does not have to reveal his or her identity.

In Newberry County, infants can be surrendered to the Newberry County Memorial Hospital, the sheriff and police departments, fire departments and the many churches across the county. For those who don’t feel ready, do not want a child but have surpassed six weeks of pregnancy (where abortion is banned in S.C.), or will be unable to provide a safe home, there are options available that will keep you and the infant safe.