Texas Adoption Laws, Page 7
Infant Safe Haven Laws
Infant's Age
Statute: Fam. Code § 262.302
- 60 days old or younger
Who May Relinquish the Infant
Statute: Fam. Code § 262.302
- Parent
Who May Receive the Infant
Statute: Fam. Code § 262.301
- 'Designated emergency infant care provider,' which includes:
- Emergency medical services provider
- Hospital
- Child-placing agency
- Emergency medical services provider
Responsibilities of the Safe Haven Provider
Statute: Fam. Code §§ 262.302; 262.303- Perform any act necessary to protect the child's health and safety
- Notify the department no later than the close of the first business day
- Offer to the parent a form for voluntary disclosure of medical information
Immunity for the Provider
Statute: Fam. Code § 262.302
Yes
Protection for Relinquishing Parent
Statute: Penal Code § 22.041(h); Fam. Code § 262.303
- The parent may remain anonymous.
- Relinquishment to a safe haven is an affirmative defense to prosecution for abandoning or endangering a child.
Effect on Parental Rights
Statute: Fam. Code § 262.303
- The Department of Protective and Regulatory Services assumes custody of the child.
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