When an expectant mom decides to choose adoption in order to give her baby the best possible chance in life, she has access to lots of support and help. Sometimes, though, a woman may be expecting a baby and feel unable to make that decision. Sometimes a woman may feel overwhelmed by her situation, or feel a need to hide her pregnancy. Whatever the reason, it can happen that an expectant mom ends up in the hospital for delivery without any clear decision about what to do with the baby. If she isn’t ready to parent, she can leave the hospital without the baby. In Arkansas, the hospital can release the baby for adoption. Is adopting from a hospital a practical choice?
What does Arkansas law say?
Ideally, the mother of the child will sign consent papers that clearly say that she is relinquishing the baby. If she has something in mind — for example, that the child should go into foster care or be available for adoption from the hospital — she can say so in these papers. She can nominate someone to adopt the child, such as a relative or friend. The forms must be signed in front of two credible witnesses.
Signing the papers, even if she doesn’t have a plan for the baby, allows the child to receive medical care. This can include medical interventions the baby might need or even procedures like circumcision.
She can then leave the hospital without the baby.
The hospital can relinquish the baby to the person the biological mother specifies or to someone wanting to adopt the child, the Department of Human Services, or an attorney representing one of these people.
What if you adopt a baby from a hospital?
If a baby is surrendered to healthcare professionals at a hospital or birthing center, or even left at the hospital without consent forms, the hospital is responsible for the care of the child until they are able to release the baby to a responsible person. However, once the child is released according to the terms of the law, the hospital is not liable for any actions.
What sort of liability is the law considering here? Most likely, the law is designed to avoid having the hospital involved in any custody disputes. The birth parents or their families cannot sue the hospital for releasing the child. Would-be adoptive parents can’t sue because the baby was released to another family.
Even though this process is not the usual adoption process, the hospital or birthing center cannot be held responsible in case of any later dispute.
Is this a good option?
Certainly, a baby left in a hospital needs a home as quickly as possible. Abandoned babies who are found safe or surrendered safely, as in a hospital or birthing center, are usually adopted within a month to six weeks. Adopting from a hospital can be a fast path to adoption.
However, there may not be many opportunities like this in your neighborhood. According to a 1993 government study, some 22,000 children are left in U.S. hospitals each year. An academic study in 2025 found that the number was increasing. These studies, however, show that this is most common in large cities and that the surrendered babies most often test positive for drug exposure. This suggests that adopting from a hospital, while still necessary for the welfare of the children, may bring additional challenges.
One thing is sure: if you have the opportunity to adopt from a hospital and choose to take this path, you must be certain to work with an experienced adoption lawyer. Adoption should never be a DIY project; more complicated situations can be expected to be more legal complicated, too.
Contact Heimer Law with any questions you may have. We are specialists in adoption law, with years of experience supporting people through their adoption journeys.
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