A. A person may leave an infant with the staff of a safe haven site without being subject to criminal prosecution for abandonment or abuse if the infant was born within ninety days of being left at the safe haven site, as determined within a reasonable degree of medical certainty, and if the infant is left in a condition that would not constitute abandonment or abuse of a child pursuant to Section 30-6-1 NMSA 1978.
B. A safe haven site may ask the person leaving the infant for the name of the infant's biological father or biological mother, the infant's name and the infant's medical history, but the person leaving the infant is not required to provide that information to the safe haven site.
C. The safe haven site is deemed to have received consent for medical services provided to an infant left at a safe haven site in accordance with the provisions of the Safe Haven for Infants Act or in accordance with procedures developed between the children, youth and families department and the safe haven site.
History: Laws 2001, ch. 31, § 3; 2001, ch. 132, § 3; 2005, ch. 26, § 4; 2013, ch. 20, § 3.
ANNOTATIONSThe 2013 amendment, effective June 14, 2013, changed terminology to conform to changes in terminology in the act; and in Subsections A through C, deleted "hospital" and inserted "safe haven site".
The 2005 amendment, effective June 17, 2005, provided that a person may leaves an infant at a hospital without being subject to criminal prosecution for abandonment or abuse under circumstances stated in this section.