An emergency services provider or licensed child placement agency must accept physical custody of a newborn if:

1. (1) The newborn is voluntarily surrendered by the newborn's parent:

   1. (a) To an agent of the provider or agency; or
   2. (b) In a newborn safety device, as provided in § 25-5A-27.1; and
2. (2) The parent does not express an intent to return for the newborn. Any provider or agency that accepts physical custody of a newborn pursuant to this section shall perform any act necessary to protect the physical health and safety of the newborn.

Source: SL 2001, ch 132 , § 1; SL 2025, ch 107 , § 1.