The bill amends the "Probate Code of 1939" to improve the legal framework for the safe surrender of newborns. It introduces the concept of "newborn safety devices," which are designated areas where parents can anonymously surrender their newborns to emergency service providers. These devices must be accessible from outside the provider's building and ensure the safety and care of the newborn. Emergency service providers are required to develop operational policies for these devices and inform the Department of Health and Human Services of their locations. The bill also outlines the responsibilities of these providers and hospitals in the surrender process, including informing parents of their rights and the adoption process, while emphasizing confidentiality and establishing immunity for hospitals and child placing agencies from civil actions, barring gross negligence.

Additionally, the bill sets a timeline for custody petitions, requiring the surrendering parent to file within 28 days of surrender, with the nonsurrendering parent having the same timeframe upon notification. It specifies the appropriate counties for filing based on the newborn's location or the emergency service provider involved and mandates court hearings to determine paternity or maternity before custody hearings. The bill also establishes a safe delivery program that includes a 24-hour hotline for prenatal care and adoption information, requires the publication of a pamphlet about the program, and mandates annual data compilation on newborn surrenders while ensuring confidentiality. The language regarding parental rights is clarified for consistency, and the bill is set to take effect 90 days after enactment.

Statutes affected:
House Introduced Bill: 712.1