HB473 Alabama 2023 Session

Summary

Primary Sponsor

Donna GivensRepresentative

Republican

Session

Regular Session 2023

Title

Relating to the surrender of infants; to amend Sections 26-25-1, 26-25-2, 26-25-3, and 26-25-5, Code of Alabama 1975, and to add Sections 26-25-1.1 and 26-25-1.2 to the Code of Alabama 1975; to provide for the surrender of an infant to an emergency medical services provider or a hospital; to provide for the surrender of an infant in a baby safety device that meets certain requirements; to authorize the Department of Public Health to adopt rules relating to baby safety devices; to provide for an investigation into whether a surrendered infant is a missing child; to provide an affirmative defense to certain charges to parents who surrender an infant; to further provide for civil immunity for emergency medical services providers who accept surrendered infants; and to repeal Section 26-25-4, Code of Alabama 1975.

Summary

HB473 expands Alabama's infant surrender program to allow anonymous surrender up to 45 days old to EMS providers or hospitals, creates a regulated baby safety device, and adds protections, investigations, and defenses for surrendering parents and providers.

What This Bill Does

Allows a parent to anonymously surrender an infant up to 45 days old to an emergency medical services provider or hospital. Creates a baby safety device that EMS providers can install and maintain, with rules to be adopted by the Department of Public Health. Requires law enforcement to investigate whether a surrendered infant is a missing child and extends an affirmative defense to parents and those acting on their behalf; provides civil immunity to EMS providers for surrender-related actions (with limited exceptions). Repeals the old definition of EMS provider and adds new sections that protect privacy for birth mothers, outlines how surrender through a baby safety device works, and sets signage and device requirements.

Who It Affects

• Birth mothers or parents considering surrendering an infant (anon, with confidentiality of their identity in most cases; identity used only for costs and Medicaid when appropriate; birth certificate may omit parental identity).
• Emergency medical services providers, hospitals, the Department of Public Health, and local law enforcement (they must implement surrender procedures, install and maintain baby safety devices, handle investigations into missing children, and have protections against civil liability when acting under the act).

Key Provisions

• Surrender window expanded to 45 days old; surrender may occur anonymously to an emergency medical services provider or hospital; parent identity largely protected.
• Definition of emergency medical services provider expanded to include hospitals with emergency departments and certain law enforcement or fire/ambulance entities meeting staffing criteria; clarified scope of who can receive surrendered infants.
• New sections 26-25-1.1 and 26-25-1.2 establish procedures for hospital-based surrender during labor and for the use of a baby safety device, including anonymity protections for the mother and non-disclosure of identity on birth certificates.
• A baby safety device may be installed, maintained, and monitored only by an EMS provider; it must meet specific design and operation criteria and may be funded by donations or appropriations.
• Device criteria include: climate control, conspicuous placement, dual alarm system, twice-daily visual checks, weekly functional tests, a secured anchored frame, 24-hour camera surveillance, and adherence to department rules.
• Signage at the device site must instruct surrendering parents on age limits (no more than 45 days), consequences of surrender, and that custody transfer relinquishes parental responsibilities; signage approved by the Department of Public Health.
• The Department of Public Health will adopt rules related to the installation, maintenance, and monitoring of baby safety devices, including procurement and training.
• An affirmative defense is provided to parents, and to individuals acting on behalf of the parent, if they surrender under the act; investigation for abuse or neglect remains possible.
• Civil immunity is granted to EMS providers and their employees/agents for actions taken under the act, with exceptions for gross negligence or willful misconduct; Section 26-25-4 is repealed and replaced by the new framework.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.