Infant Safe Haven Laws - Maryland

Infant's Age

Citation: Cts & Jud Pro § 5-641

An infant may be relinquished within 10 days of his or her birth.

Who May Relinquish the Infant

Citation: Cts & Jud Pro § 5-641

The mother or other person may relinquish the infant. If the person leaving a newborn is not the mother of the newborn, the person must have the approval of the mother to do so.

Who May Receive the Infant

Citation: Cts & Jud Pro § 5-641

The infant may be delivered to a responsible adult or a hospital or other facility designated by regulation.

Responsibilities of the Safe Haven Provider

Citation: Cts & Jud Pro § 5-641

A person who receives an infant shall take the infant to a hospital. The hospital shall notify the local Department of Social Services within 24 hours.

Immunity for the Provider

Citation: Cts & Jud Pro § 5-641

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 provision of medical treatment or care of the newborn, unless injury to the newborn was caused by gross negligence or willful or wanton misconduct.

Protection for Relinquishing Parent

Citation: Cts & Jud Pro § 5-641

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.

Effect on Parental Rights

This issue is not addressed in the statutes reviewed.