Delaware Adoption Laws, Page 7
Infant Safe Haven Laws
Infant’s Age
Statute: Title 16, § 902
- 14 days or younger
Who May Relinquish the Infant
Statute: Title 16, § 907A
- Any person who voluntarily delivers the infant unharmed
Who May Receive the Infant
Statute: Title 16, § 907A
- Emergency department of a hospital
Responsibilities of the Safe Haven Provider
Statute: Title 16, § 907A
- Take emergency protective custody
- Make reasonable efforts to obtain medical history
- Notify the State police and the division
- Attempt to give the child's ID number to the person leaving the infant
- Attempt to provide to the person information about the Safe Arms program, adoption, and counseling services
Immunity for the Provider
Statute: Title 16, § 908
YesProtection for Relinquishing Parent
Statute: Title 16, § 907A; Title 11, § 1102A- The parent may remain anonymous.
- If the parent chooses to remain anonymous, no investigation shall be initiated unless there is evidence of abuse or neglect of the child.
- Any information gathered is kept confidential.
- Relinquishment to a designated provider is a defense from prosecution for abandoning or endangering the welfare of the child.
Effect on Parental Rights
Statute: Title 16, § 907A
- The division will publish a public notice that a child has been abandoned. Such notice shall contain the statement that the abandonment shall be:
- The surrendering person’s irrevocable consent to termination of parental rights
- The surrendering person’s irrevocable waiver of any right of notice unless the person manifests an intent to exercise parental rights within 30 days
- The surrendering person’s irrevocable consent to termination of parental rights
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