HB473 Alabama 2023 Session

Summary

Primary Sponsor

Donna Givens Representative

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.

Description

Under existing law, a parent may surrender an infant 72 hours or younger to an emergency medical services provider, and the Department of Human Resources assumes legal custody of an infant surrendered to an emergency medical services provider.

Also under existing law, an individual or entity who takes possession of a surrendered infant is not liable to any claim for damages arising from the surrender.

This bill would allow a parent to anonymously surrender an infant 45 days old or younger to certain emergency medical services providers, and would revise the definition of "emergency medical services provider." This bill would allow a mother, following labor and delivery, to anonymously surrender a newborn infant to the hospital and not be placed on the birth certificate.

This bill would allow an emergency medical services provider to install and maintain a baby safety device, provided that the device meets certain requirements.

This bill would allow the Department of Public Health to adopt rules relating to baby safety devices.

HB473 INTRODUCED This bill would require local law enforcement agencies to investigate whether any surrendered infant is a missing child.

Under existing law, a parent who surrenders his or her child is provided an affirmative defense to certain charges.

This bill would extend the affirmative defense to individuals acting on behalf of the parent.

This bill would also provide that an individual or entity who takes possession of a surrendered infant is immune from civil liability relating to the surrender, unless the individual or entity committed gross negligence or willful misconduct.

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