Infant Safe Haven Laws - Alabama

Date: February 2026

Infant's Age
Citation: Ala. Code § 26-25-1

An infant who is 45 days old or younger may be relinquished under this section.

Who May Relinquish the Infant
Citation: Ala. Code § 26-25-1

The infant may be relinquished by his or her parent.

Who May Receive the Infant
Citation: Ala. Code §§ 26-25-1; 26-25-1.2

An emergency medical services provider, without a court order, shall take possession of an infant if the infant in each of the following circumstances:

  • The infant's parent delivers the infant to an emergency medical services provider.
  • The infant's parent places the infant in a baby safety device and the parent did not express an intent to return for the infant.
  • The infant's parent delivers the infant to an employee of an emergency medical services provider, provided that the employee is responding to an emergency call from a parent who expressed an intent to surrender and not return for the infant.

The term 'emergency medical services provider' includes the following:

  • A licensed hospital that operates an emergency department, but does not include either of the following:
    • The offices, clinics, surgeries, treatment facilities of private physicians or dentists
    • Any individual licensed health-care provider, including physicians, dentists, nurses, physician assistants, or health professionals
  • Any fire station that is staffed 24 hours a day, 7 days a week, 365 days a year with at least one emergency medical services personnel

An emergency services provider may install, maintain, and monitor a baby safety device, provided that the baby safety device meets all the following requirements:

  • Be designed to permit a parent to anonymously place an infant in the device for purposes of surrendering the infant
  • Be climate controlled
  • Be installed in a conspicuous location
  • Be equipped with a dual alarm system connected to the physical location where the device is installed and designed to trigger when an infant is placed into the device
  • Be visually inspected twice per day and be tested at least once per week
  • Have a supporting frame that is anchored to prevent movement of the unit as a whole
  • Be under 24-hour camera surveillance, provided that the surveillance footage may only be viewed for purposes of investigating alleged child abuse or neglect or other criminal behavior related to the surrender of an infant to a baby safety device

Responsibilities of the Safe Haven Provider
Citation: Ala. Code §§ 26-25-1; 26-25-2

An emergency medical services provider who takes possession of an infant shall perform any act necessary to protect the physical health or safety of the infant. No court order or other legal document shall be required in order for the emergency medical services provider to take possession of an infant whose parent surrenders custody under this act.

No later than the close of the first business day after the date on which an emergency medical services provider takes possession of an infant, the provider shall notify the Department of Human Resources that the provider has taken possession of the infant and child take the infant to a licensed hospital for a medical evaluation. 

The department shall be responsible for all medical and other costs associated with the infant and shall reimburse any hospital or emergency medical services provider for any costs incurred prior to the infant being placed in the care of the department.

Immediately after assuming legal custody of an infant, the department shall contact the local law enforcement agency in the municipality or county where the infant was surrendered to determine whether the infant is a missing child in this State or in another State, and the law enforcement agency shall investigate whether the infant has been reported as missing.

Immunity for the Provider
Citation: Ala. Code § 26-25-5

An emergency services provider or an employee or agent of an emergency services provider subject to this chapter shall be immune from liability for any civil action arising out of any action or omission taken pursuant to the requirements of this chapter. 

Protection for Relinquishing Parent
Citation: Ala. Code §§ 26-25-1; 26-25-3

A parent who surrenders an infant pursuant to this section may not be required to provide or asked to provide any information relating to his or her identity. If the identity of the parent is known by an emergency medical services provider, he or she shall keep the identity confidential.

It is an affirmative defense to prosecution for child abandonment or child endangerment if the parent voluntarily delivers the infant to an emergency medical services provider or a baby safety device.

Nothing in this section shall prohibit the prosecution or investigation of any allegations of abuse or neglect of a surrendered infant.

Consequences of Relinquishment
Citation: Ala. Code § 26-25-2

The department shall assume the care, control, and custody of the child immediately on receipt of notice of a relinquishment.
 

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