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A new state law that will allow mothers the opportunity to anonymously abandon newborns at hospital emergency rooms throughout the state without the threat of prosecution took effect Monday.  

The law, introduced by California Republican Senator Jim Brulte and signed into law by Gov. Gray Davis in September, will allow mothers to legally leave unwanted babies, under 72 hours old, at any private or public hospital emergency room with no questions asked. 

“This is the first of many steps to end baby abandonment,” Brute said in a press release. “Young mothers who are scared and desperate now have a new option to safeguard their babies and give them a place where will be cared for and appreciated.” 

Director of the Alta Bates/Summit Medical Center emergency room, Lani Williams, said the hospital is preparing procedures and protocol in the event a mother should want to leave a newborn in a safe environment. 

Mothers will be able to go to the Emergency Room and turn the child over to a nurse. The mother will then have a choice of providing medical information about the child such as problems during birth or family histories of diseases like asthma or cancer. The mother will then be free to go without the threat of prosecution.  

“Any information the mother chooses to leave will be kept highly confidential,” Williams said. 

Hospital staff will then examine the infant, and if he or she is healthy, staff will turn the baby over to Child Protective Services. 

“This law will allow mothers to relinquish their infants in a safe environment that can be completely anonymous,” Williams said. 

The law also affords the mother a two-week “cooling off” period during which the child would not formally enter the child welfare system. If the mother changes her mind, she will have the opportunity to retrieve the child. 

Texas enacted a similar law in September 1999. In the 15 months since, three mothers have legally abandoned babies according to Texas Child Protective Services spokesperson Marla Sheely.  

“The law gives the baby another chance to be placed with family members or even possibly the mother who may be under a great deal of stress when she decides to abandon,” she said. “In fact, one of the three babies left at a Parker County emergency room is now living with family members.” 

Arnold Perkins, Director of Alameda County Health Services, said the law will offer a humane option to young mothers who may be under a great deal of stress.  

“I think its wonderful that we now have a law that can help a young mother who may be in a panic situation,” he said. “There should also be a counseling component in this law so these mothers are not destroyed by guilt.”