Infant Safe Haven Laws - Tennessee

Infant's Age
Citation: Ann. Code § 68-11-255

An infant who is aged 45 days or younger may be voluntarily delivered.

Who May Relinquish the Infant
Citation: Ann. Code § 68-11-255

The infant may be voluntarily delivered by his or her mother. 

The term 'voluntary delivery' means the action of a mother in leaving an unharmed newborn infant aged 45 days or younger on the premises of a facility, with a facility employee or member of the professional medical community at the facility, or in a newborn safety device, without expressing an intention to return for the newborn infant, and failing to visit or seek contact with the newborn infant for a period of 30 days thereafter.

Who May Receive the Infant
Citation: Ann. Code § 68-11-255

Any facility shall receive possession of any newborn infant left on facility premises with any facility employee or member of the professional medical community if the following applies to the infant:

• The infant was born within the preceding 45 days, as determined within a reasonable degree of medical certainty.
• The infant is left in an unharmed condition.
• The infant is voluntarily left by a person who claims to be the child's mother and who does not express an intention of returning for the infant. 

The term 'facility' means any hospital, birthing center, community health clinic, outpatient walk-in clinic, fire department that is staffed 24 hours a day, law enforcement facility that is staffed 24 hours a day, emergency medical services facility, an emergency communications center, or a nursing home.

A 'newborn safety device' is a device that meets the following requirements:

• It is designed to permit a mother to anonymously place a newborn infant in the device with the intent to leave the newborn infant for an emergency medical services provider to remove the newborn from the device and take custody of the newborn.
• It is installed with an adequate dual alarm system connected to the physical location where the device is installed. The dual alarm system must be tested at least once per month and visually checked at least twice per day to ensure the alarm system is in working order.
• It must be approved by and located inside a participating police station, fire station, hospital, nursing home, or emergency communications center that is licensed or otherwise legally operating in this State and staffed continuously on a 24-hour basis every day by a licensed emergency medical services provider.
• It is located in an area that is conspicuous and visible to staff of the police station, fire station, hospital, nursing home, or emergency communications center where the newborn safety device is placed.

Responsibilities of the Safe Haven Provider
Citation: Ann. Code § 68-11-255

The facility, any facility employee, and any member of the professional medical community at the facility shall inquire, whenever possible, about the medical history of the mother or newborn. The facility shall also inform the mother that she is not required to respond.

The facility may provide the parent with contact information regarding relevant social services agencies; shall provide the mother with the name, address, and phone number of the department contact person; and shall encourage the mother to involve the Department of Children's Services in the relinquishment of the infant. If practicable, the facility shall also provide the mother with both orally delivered and written information concerning the requirements of this section, § 36-1-142, and § 36-2-318 (putative father registry) relating to recovery of the child and abandonment of the child.

The facility, any facility employee, and any member of the professional medical community at the facility shall perform any act necessary to protect the physical health and safety of the child.

The facility employee or member of the professional medical community at the facility who accepts physical custody of a newborn infant, or who physically retrieves a newborn infant from a newborn safety device shall immediately arrange for the newborn infant to be taken to the nearest hospital emergency room and shall have implied consent to any and all appropriate medical treatment. The hospital shall immediately notify the Department of Children's Services that the surrendered newborn infant is at the hospital. Upon receipt of notification, the department shall immediately assume care, custody, and control of the newborn infant.

Immunity for the Provider
Citation: Ann. Code § 68-11-255

Notwithstanding any provision of law to the contrary, any facility, facility employee, and member of the professional medical community shall be immune from any criminal or civil liability for damages as a result of any actions taken pursuant to the requirements of this section and § 36-1-142, and a lawsuit shall not be predicated thereon. This section and § 36-1-142 do not abrogate any existing standard of care for medical treatment or preclude a cause of action based upon violation of such existing standard of care for medical treatment.

Protection for Relinquishing Parent
Citation: Ann. Code § 68-11-255

Any information obtained concerning the identity of the mother, infant, or other parent must be kept confidential and may only be disclosed to the department for use consistent with the purposes of this section, § 36-1-142, and § 36-2-318.

A mother has the right to remain anonymous, shall not be pursued, and shall not be considered to have endangered a newborn infant if the mother places the newborn infant with an emergency medical services provider, at a facility or inside a newborn safety device and expresses no intent to return to the newborn infant. This subsection does not apply when indicators of child abuse or child neglect are present.

Consequences of Relinquishment
Citation: Ann. Code § 36-1-142

Failure of the mother to visit or seek contact with the infant for 30 days after the date of the infant was voluntarily delivered and failure to seek contact with the infant through the department or to revoke the voluntary delivery within 30 days after notice was given, which shall cumulatively be no less than 90 days after the child was voluntarily delivered, shall be a basis for termination of parental rights.

A mother who voluntarily delivers an infant may revoke such voluntary delivery by applying to the court no later than 30 days after notice was given. After 30 days, no voluntary delivery shall be set aside except upon clear and convincing evidence of duress, fraud, or intentional misrepresentation.

Within 10 days of receipt of an infant, the department shall give notice once a week for 4 consecutive weeks in a newspaper where the voluntary delivery occurred. The notice shall include information to provide an opportunity for the putative father to claim paternity and the mother to revoke voluntary delivery. The notice shall describe the infant, identify where and when voluntary delivery occurred, specify how and who to contact for follow up, and provide any other relevant information.

The notice shall specify that failure to seek contact with the infant through the department or to revoke the voluntary delivery within 30 days of the last publication of notice shall constitute abandonment of the infant and of the mother's interest.

The notice shall specify that any father who fails to claim paternity by contacting the department or registering with the putative father registry within 30 days of the last publication shall be barred from thereafter bringing any action to establish paternity of the infant. It shall also specify that such failure shall constitute abandonment of any right to receive notice of or participate in any judicial proceeding for the adoption of the infant, and that consent of the putative father shall not be required for adoption of the infant.