Texas Safe Haven Baby at Center of Rare Custody Battle

A North Texas baby placed for adoption under the state’s safe haven law is now the subject of a rare custody dispute after the biological family came forward months later to reclaim the child.

The child was abandoned at birth and subsequently placed with Vincent and Lisa Blow in November by the Texas Department of Family Protection and Services. At the time of the placement, the infant was only days old and still in the hospital.

The Texas Safe Haven Law

The case involves the Texas safe haven law, which is also referred to as the Baby Moses law. This legislation was enacted in the late 1990s following a series of infant abandonments that resulted in deaths, making Texas the first state in the U.S. To legalize abandonment under specific conditions.

Under the provisions of the law, parents may anonymously drop off an infant at a freestanding emergency room, a fire station, or a hospital. To qualify for the protections of the law, the baby must be less than two months old and show no signs of abuse.

The law is designed to allow the state to move quickly to terminate parental rights and initiate the adoption process because the parents remain anonymous and provide no information regarding relatives.

The Blow Family Background

The Blow family had significant prior experience with the foster care and adoption systems. Vincent Blow is a social worker, and his mother previously worked for Child Protective Services. Lisa Blow noted that her sister had previously participated in foster-to-adopt programs through the same agency.

At the time they were placed with the newborn, the couple had already fostered three boys and were in the process of adopting one of them. Because of their professional and personal backgrounds, the family was well-acquainted with the procedures of the state’s child welfare agencies.

The couple had originally informed their adoption agency that they preferred a child who was at least six weeks old. This preference was based on the practical need for the child to be eligible for daycare while the parents continued to work.

However, the Blows agreed to take a newborn specifically because the child was a Baby Moses case. Based on their training and conversations with others, they believed that babies placed under the safe haven law represented a for sure thing in terms of the permanency of the adoption.

Custody Dispute

The current legal conflict arose when the biological family appeared months after the birth to seek the return of the child. This development is described as a rare twist on the application of the safe haven law, as the anonymity and rapid termination of rights typically prevent biological parents from reclaiming children placed through this system.

Lisa Blow recalled the initial emotional impact of the placement, stating that while riding the elevator to meet the child, she told her husband, he’s ours, this is ours!