Introduction
On January 1, 2025, Pennsylvania’s Safe Haven Law was expanded to allow parents to legally surrender newborns at urgent care centers in addition to the existing approved locations. This amendment—enacted through Senate Bill 267—broadens the state's commitment to infant safety and reflects a modernized approach to child welfare access points. For lawyers advising clients in family law, criminal defense, and child advocacy, it is critical to understand both the scope and limits of these changes.
Background and Legislative Intent
Originally passed in 2003, Pennsylvania’s Safe Haven Law permits the anonymous surrender of unharmed newborns, no older than 28 days, without fear of prosecution. Prior to this amendment, surrender locations were limited to hospitals, police stations, and EMS providers.
The 2025 expansion, introduced by Senator Michele Brooks and passed unanimously, adds urgent care centers to the list of designated safe havens. The legislative intent is clear: expand access, reduce barriers, and offer additional avenues for safe surrender—especially in rural or underserved areas where urgent care facilities may be more accessible than hospitals or police stations.
Key Changes Under the Amended Law
Under the updated statute, urgent care centers must:
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Clearly post signage identifying their status as a Safe Haven site.
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Train staff on proper intake and response protocols.
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Ensure immediate medical assessment and transfer of the infant to a hospital.
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Install secure, locking incubators for anonymous drop-offs, where applicable.
This expansion recognizes the evolving landscape of emergency and outpatient care and aims to ensure no parent in crisis is without a safe, legal option.
Fire Departments and EMS Clarification
The amended law does not explicitly list fire departments as safe haven locations. However, EMS providers remain covered, and some fire stations that are certified EMS facilities may qualify. Legal clarity depends on whether a given department meets the statutory EMS designation. Attorneys should carefully verify the compliance status of a particular fire station when advising clients.
Legal Protections for Parents
Parents who lawfully surrender a child under the Safe Haven Law are protected from prosecution, provided:
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The child is no older than 28 days.
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The child shows no signs of abuse or neglect.
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The surrender occurs at a designated location.
This legal shield is critical for young or desperate parents facing unintended pregnancies, and legal professionals may encounter these protections in both defense and child custody contexts.
Implications for Legal Practitioners
For attorneys in family and juvenile law, this expansion may arise in cases involving:
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Parental rights termination
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Adoption proceedings
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Custody or guardianship disputes
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Cases of alleged neglect or abandonment
Criminal defense attorneys should understand the statutory protections and ensure clients are aware of their rights under the updated framework. In rare cases, improper surrender outside designated channels could result in criminal charges—making legal counsel essential.
Conclusion
Pennsylvania’s expanded Safe Haven Law marks a compassionate evolution in child welfare policy—prioritizing access, safety, and dignity for newborns and their parents. Legal professionals must stay informed of these changes to properly advise and protect their clients. Whether navigating family court, defending criminal allegations, or guiding policy compliance, the updated Safe Haven framework should be part of every attorney’s working knowledge.
About the Author
Ryan A. Mergl, JD, is a former prosecutor and veteran trial lawyer with nearly 20 years of courtroom experience across Pennsylvania and U.S. federal courts. He represents clients in criminal defense, personal injury, and business litigation. Mergl has been recognized as a Super Lawyers Rising Star, one of Pennsylvania’s Top 100 Criminal Defense Attorneys, and a Pittsburgh Magazine “40 Under 40” honoree.
Outside the courtroom, Mergl is a nationally certified Pro Board firefighter with over two decades of service, trained in interior firefighting, hazmat response, search and rescue diving, and incident command.
He is the author of Mergl’s Mandatum—a weekly legal directive grounded in doctrine and sharpened by decades in the courtroom. The series delivers clear, concise insight on the issues shaping today’s legal landscape—with authority earned through practice, not theory.