Infant Safe Haven Laws - Virginia

Date: February 2026

Infant's Age
Citation: Ann. Code §§ 18.2-371.1; 40.1-103

A child may be relinquished within the first 30 days after his or her birth.

Who May Relinquish the Infant
Citation: Ann. Code §§ 18.2-371.1; 40.1-103

The child may be relinquished by his or her parent. 

Who May Receive the Infant
Citation: Ann. Code §§ 18.2-371.1; 40.1-103

The child may be delivered to either of the following:

  • A hospital that provides 24-hour emergency services
  • An emergency medical services agency
  • A newborn safety device located at and operated by a hospital or emergency medical services agency.

Responsibilities of the Safe Haven Provider
Citation: Ann. Code § 8.01-226.5:2

Any hospital or emergency medical services agency that voluntarily installs a newborn safety device for the reception of children shall ensure the following:

  • The device is located inside the hospital or emergency medical services agency in an area that is conspicuous and visible to employees or personnel.
  • The device is staffed 24 hours a day by a health-care provider or emergency medical services personnel.
  • The device is climate controlled and serves as a safe sleep environment for an infant.
  • The device is equipped with a dual alarm system that sounds 60 seconds after a child is placed in the device and automatically places a call to 911 if the alarm is not deactivated within 60 seconds from within the hospital or emergency medical services agency.
  • The dual alarm system is visually checked at least twice a day and tested at least once a week to ensure the alarm system is in working order.
  • The device automatically locks when a child is placed in the device.
  • The device is identifiable by appropriate signage that includes written and pictorial operational instructions. 

Immunity for the Provider
Citation: Ann. Code § 8.01-226.5:2

Any personnel of a hospital or emergency medical services agency receiving a child who has been voluntarily relinquished by his or her parent shall be immune from civil liability or criminal prosecution for injury or other damage to the child unless such injury or other damage is the result of gross negligence or willful misconduct by such personnel.

Protection for Relinquishing Parent
Citation: Ann. Code §§ 18.2-371.1; 40.1-103

Relinquishment of the child shall be an affirmative defense to prosecution of a parent for abuse or neglect of children, cruelty to children, or endangering a child. In order for the affirmative defense to apply, the child shall be delivered in a manner reasonably calculated to ensure the child's safety.

Consequences of Relinquishment
Citation: Ann. Code § 63.2-910.1

A local department shall have authority to do the following:

  • Take custody of abandoned children
  • Arrange an appropriate placement for abandoned children
  • Institute proceedings to terminate the parental rights of a parent of an abandoned child

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