West Virginia Adoption Laws, Page 7
Infant Safe Haven Laws
Infant’s Age
Statute: § 49-6E-1
- Less than 30 days old
Who May Relinquish the Infant
Statute: § 49-6E-1- Parent
Who May Receive the Infant
Statute: § 49-6E-1- Hospital
- Health care facility
Responsibilities of the Safe Haven Provider
Statute: §§ 49-6E-1; 49-6E-2- Perform any act necessary to protect the child's health and safety
- May not require the parent to identify himself or herself
- Notify child protective services
Immunity for the Provider
Not addressed in statutes reviewedProtection for Relinquishing Parent
Statute: §§ 49-6E-1; 49-6E-4- The parent has the right to remain anonymous.
- Relinquishment to a safe haven is an affirmative defense to prosecution.
Effect on Parental Rights
Statute: §§ 49-6E-2; 49-6E-5- The department shall assume custody of the child.
- The child shall be eligible for adoption as an abandoned child under § 48-4-1, et seq.
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