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Louisiana Adoption Laws, Page 7

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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

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  • 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

Yes

Protection 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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