In April of this year the 3rd baby in less than two years was surrendered in Hobbs using their local Safe Haven Baby Box. Firefighters rushed to find a newborn inside—alive, healthy, and safe. That baby’s life was spared because a mother in crisis had a safe place to turn.
That’s what Safe Haven laws are supposed to do: protect babies whose parents cannot care for them. But here in New Mexico, the law doesn’t go far enough. Babies are still at risk, and so are the mothers who want to make the courageous choice to surrender their child safely.
Under New Mexico’s Safe Haven law, parents can legally surrender infants up to 90 days old at a hospital, fire station, police station, or Safe Haven Baby Box. If they do so, they cannot be charged with abandonment. On the surface, that sounds like the perfect solution.
But here’s the problem: when a baby is surrendered, the Children, Youth and Families Department (CYFD) is required to open an investigation under the Abuse and Neglect Act. That means even if a mother legally and safely surrenders her child, CYFD must still try to identify her and gather information. For a mom who is already afraid, overwhelmed, or hiding her pregnancy, the possibility of being investigated may keep her from ever using Safe Haven in the first place.
That fear can lead to tragedy. We’ve all seen the heartbreaking headlines—babies found in dumpsters, bathrooms, or hidden away because their mothers didn’t feel safe asking for help. Every time that happens, it’s a reminder that our laws aren’t doing enough to protect life.
Safe Haven Baby Boxes are designed to solve this exact problem. A mother can walk up to a box built into the side of a fire station or hospital, place her baby inside, and walk away. The box locks automatically, alarms sound, and staff respond within minutes, if not seconds. The baby is cared for and quickly placed into protective custody. It is fast, safe, and—most importantly—completely anonymous.
In states where true anonymity is guaranteed, dozens of babies have been safely surrendered and placed with loving families. But in New Mexico, our law undermines that anonymity by requiring an investigation every time. That extra step puts the mother back at the center of the system when the whole point of Safe Haven is to take her out of it—so she can hand her baby over and trust they will be cared for, without fear of someone coming after her.
The legislature must fix this. Mothers in crisis need to know they can surrender their baby without strings attached. Safe Haven should mean safe for the baby, and safe for the mother who is trying to do the right thing. That means protecting true anonymity and expanding baby boxes across our state.
The Hobbs baby box has already saved several lives. There are currently 10 baby boxes across the state of NM with more planned. It’s time we truly protect mothers who are making one of the hardest decisions they’ll ever have. How many more lives could be saved if mothers in every county had a Safe Haven Baby Box option—without the threat of an investigation hanging over them?
It’s time to make Safe Haven truly safe in New Mexico.
Jodi Hendricks is the Executive Director of the New Mexico Family Action Movement.
