Louisiana Adoption Laws, Page 7
Infant Safe Haven Laws
Infant’s Age
Statute: Ch. Code art. 1150
- 30 days old or younger
Who May Relinquish the Infant
Statute: Ch. Code art. 1150
- Parent
Who May Receive the Infant
Statute: Ch. Code art. 1150
- A designated emergency care facility, which includes any:
- Hospital
- Public health unit
- Emergency medical service provider
- Medical clinic
- Police station
- Fire station
- Pregnancy crisis center
- Child advocacy center
Responsibilities of the Safe Haven Provider
Statute: Ch. Code art. 1152- Provide a card to the parent that contains information on how to contact the department should the parent later have questions about the relinquishment or wish to disclose medical and genetic information
- Provide information regarding counseling and reclaiming parental rights
- Notify the department immediately
Immunity for the Provider
Statute: Ch. Code art. 1152
YesProtection for Relinquishing Parent
Statute: Ch. Code art. 1151
- Relinquishment in accordance with this law is not a criminal act of neglect, abandonment, cruelty, or crime against the child.
Effect on Parental Rights
Statute: Ch. Code art. 1154; 1156; 1158- The department shall take physical custody of the child within 12 hours of the child’s discharge from the hospital.
- A parent who has relinquished the child may file to reclaim parental rights within 30 days after relinquishment.
- If the relinquishing parent has not made a timely claim to the child, and no timely claim has been made by a nonrelinquishing father, a petition for termination of parental rights will be filed within 45 days of relinquishment.
- No action to annul a judgment of termination of parental rights can be brought 90 days after the judgment or a decree for adoption has been entered, whichever is earlier.
Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)
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