Infant Safe Haven Laws - Maryland
Infant's Age
Citation: Cts & Jud Pro § 5-641
An infant may be relinquished within 60 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 designated facility. A 'designated facility' includes the following:
- A hospital
- The office of a medical provider licensed by the State
- A police department or State Police barracks
- A professional or volunteer fire company that is insured
- Any other facility designated by the Secretary of Human Services by regulation
A designated facility may receive a newborn in a newborn safety device provided that the device meets the following requirements:
- It is climate controlled.
- It is physically affixed to an exterior wall or located inside the designated facility.
- It is located in an area that is conspicuous and visible to the employees of the designated facility.
- It is clearly marked with appropriate signage.
- It is equipped with the following:
- An alert system that automatically connects to the 911 system and transmits a request for immediate dispatch of an emergency medical services provider to the location of the newborn safety device when the device is opened
- A video surveillance system that allows employees of the designated facility to monitor the interior of the newborn safety device 24 hours a day
- An automated lock that secures the newborn inside the device after the infant is placed in it
Responsibilities of the Safe Haven Provider
Citation: Cts & Jud Pro § 5-641
A person who receives an infant shall take the infant to a designated facility as soon as reasonably possible. The designated facility shall notify the local Department of Social Services within 24 hours after accepting the newborn.
Immunity for the Provider
Citation: Cts & Jud Pro § 5-641
A responsible adult and a designated facility that accepts a newborn and an employee or agent of the 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 or a designated facility within 60 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.
Consequences of Relinquishment
This issue is not addressed in the statutes reviewed.