Alabama § 26-25-1 - Possession and Protection of Abandoned Child.

§ 26-25-1. Possession and Protection of Abandoned Child.

(a) For the purposes of this chapter, the following terms have the following meanings:

(1) BABY SAFETY DEVICE. A device installed at an emergency medical services provider pursuant to Section 26-25-1.2 for the purpose of permitting a parent to anonymously surrender his or her infant.

(2) DEPARTMENT. The Department of Human Resources.

(3) EMERGENCY MEDICAL SERVICES PROVIDER. All of the following entities:

a. A licensed hospital, as defined in Section 22-21-20, which operates an emergency department. This term does not include either of the following:

1. The offices, clinics, surgery facilities, or treatment facilities of private physicians or dentists.

2. Any individual licensed healthcare provider, including a physician, dentist, nurse, physician assistant, or any other health professional.

b. Any fire station, provided that it is staffed 24 hours a day, seven days a week, 365 days a year with at least one emergency medical services personnel, as defined by Section 22-18-1.

(4) INFANT. A child 45 days old or younger.

(b)(1) An emergency medical services provider, without a court order, shall take possession of an infant who is 45 days old or younger in each of the following circumstances:

a. The infant’s parent delivers the infant to an emergency medical services provider.

b. The infant’s parent places the infant in a baby safety device that meets the requirements of Section 26-25-1.2, provided that the parent did not express an intent to return for the infant.

c. The infant’s parent delivers the infant to an employee of an emergency medical services provider, provided that the employee is responding to an emergency call from a parent who expressed an intent to surrender and not return for the infant.

(2) A parent who surrenders an infant pursuant to this subsection may not be required to provide or asked to provide any information relating to his or her identity. If the identity of the parent is known by an emergency medical services provider, he or she shall keep the identity confidential.

(3) An emergency medical services provider who takes possession of an infant under this section shall perform any act necessary to protect the physical health or safety of the infant. No court order or other legal document shall be required in order for the emergency medical services provider to take possession of an infant whose parent surrenders custody under this chapter.