Infant Safe Haven Laws - North Carolina

Infant's Age
Citation: Gen. Stat. § 7B-521

A child who is younger than 30 days old may be relinquished.

Who May Relinquish the Infant
Citation: Gen. Stat. § 7B-521

The child's parent may relinquish the infant.

Who May Receive the Infant
Citation: Gen. Stat. § 7B-521

The following individuals shall, without a court order, take into temporary custody an infant under 30 days old who is voluntarily delivered to the individual by the infant's parent who does not express an intent to return for the infant:

• A health-care provider who is on duty or at a hospital, a local or district health department, or a nonprofit community health center
• A first responder who is on duty, including a law enforcement officer, a certified emergency medical services worker, or a firefighter  
• A social services worker who is on duty or at a local department of social services

Responsibilities of the Safe Haven Provider
Citation: Gen. Stat. § 7B-522; 7B-524

An individual who takes an infant into temporary custody shall perform any act necessary to protect the physical health and well-being of the infant and shall immediately notify the Department of Social Services in the county where the infant is surrendered. 

The individual may inquire about the parents' identities and any relevant medical history, the date of birth of the infant, any relevant medical history, and the parents' marital status and may advise the parent that if the parent provides that information, it may facilitate the adoption of the child. The individual shall notify the parent that the parent is not required to provide the information.

An individual taking an infant into temporary custody shall provide to the county department any information known about the infant, the infant's parents, including their identity, any medical history, and the circumstances of surrender.

The county department who receives a safely surrendered infant has, by virtue of the surrender, the surrendering parent's rights to legal and physical custody of the infant without obtaining a court order. A county department to whom an infant has been safely surrendered may, after the notice by publication set forth in § 7B-526 has been initiated, apply ex parte to the district court for an order finding that the infant has been safely surrendered and confirming that the county department has legal custody of the minor for the purposes of obtaining a certified copy of the child's birth certificate, a Social Security number, or Federal and State benefits for the minor.

The county receiving the infant shall notify law enforcement of the safely surrendered infant and provide law enforcement with information necessary to investigate through the North Carolina Center for Missing Persons and other national and State resources whether the infant is a missing child.

Immunity for the Provider
Citation: Gen. Stat. § 7B-523

An individual to whom an infant was surrendered is immune from any civil or criminal liability that might otherwise be incurred or imposed as a result of any omission or action taken pursuant to the requirements of this article as long as that individual was acting in good faith. The immunity established by this section does not extend to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable.

Protection for Relinquishing Parent
Citation: Gen. Stat. §§ 7B-524; 7B-527(c); 14-322.3

Unless a parent consents to its release, an individual who takes an infant into temporary custody and any facility involved in the care of the infant at the time the infant is taken into temporary custody shall keep information regarding the surrendering parent's identity confidential.

All information about the surrendering parent's identity that is received or obtained by the county department shall not be disclosed except for (i) notice to local law enforcement pursuant to G.S. 7B-525(b)(3), (ii) contact with the nonsurrendering parent, or (iii) as otherwise ordered by a court of this State.

All information received by the county department related to the circumstances of the infant's safe surrender and the infant' condition shall be held in strictest confidence and shall not be disclosed except as provided in this section.

A parent surrendering an infant is immune from any civil liability or criminal prosecution as long as the surrendering parent was acting in good faith. The immunity established by this section does not extend to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable.

When a parent abandons an infant who no more than 30 days old by voluntarily delivering the infant as provided in article 5A of chapter 7B and does not express an intent to return for the infant, that parent shall not be prosecuted for abandonment, failure to support, or unlawful surrender of a child.

Consequences of Relinquishment
Citation: Gen. Stat. §§ 7B-525; 7B-526; 7B-527

When the nonsurrendering parent's identity is known and the nonsurrendering parent has been contacted and located by the county department, the department shall place custody of the safely surrendered infant with the nonsurrendering parent. Any custodial rights of the department shall terminate only if all the following apply:

• There is a rebuttable presumption the nonsurrendering parent is the safely surrendered infant's parent through either the child's legitimation through marriage or a genetic marker testing indicates the probability of parentage is 97 percent or higher.
• The nonsurrendering parent asserts his or her parental rights to the child.
• The department has no cause to suspect the infant is an abused, neglected, or dependent juvenile due to the circumstances created by the nonsurrendering parent.

Within 14 days from the date of the safe surrender of an infant, the county department shall provide notice by publication that an infant has been surrendered and taken into custody by the department. The notice shall state the following:

• That the infant was surrendered by a person claiming to be the infant's mother or father who did not express an intent to return for the infant
• The name and location of the facility at which the infant was surrendered and the date of surrender
• The physical characteristics of the infant at the time of surrender
• That the infant is now in the physical and legal custody of the county department where the infant was surrendered
• That the surrendering mother or father has the right to request the infant's return to his or her custody by contacting the department before the department initiates an action to terminate his or her parental rights in district court
• That either parent has the right to contact the department where the infant was surrendered

If neither parent seeks the infant's custody from the department or executes a relinquishment for adoption within 60 days of the date of the surrender, the department will initiate a court action to terminate both parents' parental rights.

Prior to the filing of a termination of parental rights petition, a surrendering parent has the right to contact the county department where the infant was surrendered and request the infant's return to his or her custody. The department shall treat any such request as a report of neglect and comply with the provisions of § 7B-302.

The safe surrender of an infant under this article does not preclude the surrendering parent from executing a relinquishment of his or her parental rights for adoption with the county department that received the safely surrendered infant.