SB209 Alabama 2023 Session

Summary

Primary Sponsor

Larry StuttsSenator

Republican

Session

Regular Session 2023

Title

Relating to infants; to add a new Chapter 25A to Title 26 of the Code of Alabama 1975; to require certain safe haven locations and certain hospitals to accept a surrendered newborn infant; to give the Department of Human Resources custody of a surrendered newborn infant; to allow a parent who surrenders a newborn infant to reclaim the infant in certain circumstances; to provide certain affirmative defenses to a parent who surrenders a newborn infant; to exempt a surrendered newborn infant from certain reporting requirements; to provide for a limitation of liability; to authorize the Department of Human Resources to adopt rules; and to repeal Sections 26-25-1 through 26-25-5, Code of Alabama 1975, relating to leaving an abandoned infant with an emergency medical services provider.

Summary

SB209 creates a newborn safe haven program in Alabama, requiring certain locations to accept surrendered newborns, place them in state custody, and provide protections for parents and participating facilities.

What This Bill Does

It replaces the old law about leaving an infant with emergency services with a new process where a parent can surrender a newborn at a safe haven location or hospital, which must accept the infant and provide care. The Department of Human Resources then takes custody and arranges placement with a licensed child-placing agency after the hospital release. Parents who surrender receive certain defenses to charges, may reclaim custody until a court terminates parental rights, and may remain anonymous; there are immunity protections for facilities acting in good faith, and the department can adopt implementing rules. The bill also repeals the previous provisions related to abandoning an infant with emergency medical services providers.

Who It Affects

• Parents who surrender a newborn infant: they can surrender at a safe haven or hospital, may remain anonymous, may reclaim custody until a court terminates parental rights, and may have defenses to certain charges if they surrender in accordance with the bill.
• Hospitals, safe haven locations (EMS stations, fire stations, law enforcement agencies), and state agencies (Department of Human Resources) and licensed child-placing agencies: they must accept surrendered newborns, provide or arrange medical care, notify DHR, coordinate custody and placement, and have liability immunity for good-faith actions.

Key Provisions

• Adds Chapter 25A to Title 26, creating a Safe Haven framework for surrendering newborns and defines key terms (child-placing agency, emergency medical services provider, emergency medical services station, hospital, newborn infant, safe haven location).
• Safe haven locations are defined as EMS stations, fire stations with full-time firefighters, and law enforcement agencies with full-time officers; a newborn infant is about 72 hours old or younger at surrender.
• Safe haven surrender process requires acceptance of the newborn by the on-duty provider at the safe haven or hospital, allows the parent to leave without returning, and lets the mother request that the birth certificate not name her; hospital must provide medical care and presume Medicaid eligibility.
• The Department of Human Resources takes immediate custody on notice and coordinates placement with a licensed child-placing agency after hospital release; the parent may reclaim custody until court termination of parental rights, with presumptions of intent to surrender and to terminate parental rights.
• Immunity from criminal or civil liability is provided for safe haven locations, hospitals, and staff acting in good faith, with an exception for gross negligence; affirmative defenses are available for surrendering parents.
• Hospitals must admit and treat surrendered newborns, and newborns admitted under this chapter are presumed Medicaid-eligible; DHHR may adopt implementing rules, and the bill repeals the prior abandonment-with-EMS provisions (26-25-1 through 26-25-5).

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