Home Table of Contents

§ 5-641. Safe havens for newborns

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: July 1, 2017

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 6. Immunities and Prohibited Actions--Health and Public Safety (Refs & Annos)
Effective: July 1, 2017
MD Code, Courts and Judicial Proceedings, § 5-641
§ 5-641. Safe havens for newborns
Currentness
In general
(a)(1) A person who leaves an unharmed newborn with a responsible adult within 10 days after the birth of the newborn, as determined within a reasonable degree of medical certainty, and does not express an intent to return for the newborn shall be immune from civil liability or criminal prosecution for the act.
(2) If the person leaving a newborn under this subsection is not the mother of the newborn, the person shall have the approval of the mother to do so.
Persons left with newborns
(b)(1) A person with whom a newborn is left under the circumstances described in subsection (a) of this section as soon as reasonably possible shall take the newborn to a hospital or other facility designated by the Secretary of Human Services by regulation.
(2) A hospital or other designated facility that accepts a newborn under this subsection shall notify the local department of social services within 24 hours after accepting the newborn.
Hospitals or designated facilities which accept newborns
(c) A responsible adult and a hospital or other designated facility that accepts a newborn under this section and an employee or agent of the hospital or facility shall be immune from civil liability or criminal prosecution for good faith actions taken related to the acceptance of or medical treatment or care of the newborn unless injury to the newborn was caused by gross negligence or willful or wanton misconduct.
Regulations
(d) The Secretary of Human Services shall adopt regulations to implement the provisions of this section.

Credits

Added by Acts 2002, c. 441, § 1, eff. Oct. 1, 2002; Acts 2002, c. 442, § 1, eff. Oct. 1, 2002. Amended by Acts 2008, c. 415, § 1, eff. Oct. 1, 2008; Acts 2008, c. 416, § 1, eff. Oct. 1, 2008; Acts 2017, c. 62, § 6.
MD Code, Courts and Judicial Proceedings, § 5-641, MD CTS & JUD PRO § 5-641
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document