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List of Enacted State Safe Haven Legislation

CWLA Summary for Alabama

Which babies may be relinquished?
  • Children who are 72 hours old or younger
Who may relinquish a baby?
  • Parent:
    • Voluntarily delivers the child to the safe haven.
    • Does not express an intent to return for the child.
What are the incentives for a person to relinquish a baby at a Safe Haven?
  • Protection from Liability:
    • Affirmative defense to prosecution under certain sections of AL code.
Who can accept a relinquished baby?
  • Emergency medical services provider
    • Licensed hospital operating an emergency department.
  • Offices, clinics, surgeries, or treatment facilities of private physicians or dentists may voluntarily act as safe havens by assuming responsibility for the custody of a child.
What are the responsibilities of a Safe Haven?
  • Perform any act necessary to protect the physical health or safety of the child.
  • Notify Department of Human Resources no later than close of first business day after receiving the child.
Is the Safe Haven protected from liability for its actions?
  • Yes: No person or other entity subject to the provisions of this law shall be liable for any action taken within the requirements of the law.
Care for the Child/Placement for Adoption
  • Department of Human Resources shall assume care, control and custody of child immediately after being notified by safe haven.
    • Take responsibility for all medical and other costs of child
    • Reimburse hospital for costs incurred prior to child being placed in care of D.H.R.

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