Georgia Safe Haven Law: Surrender, Immunity, and 2026 Changes

Under the Georgia safe haven law, a mother can leave a newborn no more than 30 days old at a hospital, fire station, or police station without facing criminal prosecution, as long as she hands the baby directly to someone on duty. The law is codified in Georgia Code Title 19, Chapter 10A, the Safe Place for Newborns Act of 2002.1Justia. Georgia Code Title 19, Chapter 10A – Safe Place for Newborns Act of 2002 A 2026 amendment expands those options, and the details are below.

Who Can Surrender a Baby

The statute specifically names the mother as the person who may surrender the infant. The baby must be 30 days old or younger at the time of the handoff. You are not required to show identification or give your name or address, though staff may ask whether you are willing to share that information.2Georgia Department of Human Services. Georgia’s Safe Place for Newborns Act

The age cutoff is strict. If the baby is older than 30 days, safe haven protections do not apply, and leaving the child at one of these facilities could lead to charges for abandonment or child cruelty under Georgia’s standard criminal statutes. A parent in crisis with an older infant should contact the Georgia Division of Family and Children Services (DFCS) directly instead.

Where to Go

Three types of facilities are authorized to accept a surrendered newborn:

  • Hospitals and other licensed medical facilities
  • Fire stations
  • Police stations

The facility must be staffed around the clock, and you have to hand the baby directly to an on-duty employee or volunteer. Leaving the child unattended anywhere on the property does not satisfy the law.3Child Welfare Information Gateway. Infant Safe Haven Laws – Georgia Georgia’s administrative code requires these locations to post signage identifying themselves as authorized safe haven sites, so look for a posted sign if you are unsure.4Georgia Secretary of State. Georgia Administrative Code 290-1-9 – Safe Place for Newborns Act Signage

How the Handoff Works

The surrender itself is brief. Walk in, find a staff member or volunteer on duty, and hand over the baby. The employee will typically give you a card with a unique identification number and a phone number you can call later to check on the child or ask for help. You are free to leave right after.2Georgia Department of Human Services. Georgia’s Safe Place for Newborns Act

Staff will offer a voluntary medical history questionnaire covering family health background and conditions that might affect the baby’s care. Filling it out is optional and does not require your name or address. You can complete it on the spot or take it home and mail it back. The information genuinely helps the child’s future caregivers, so sharing what you can is worthwhile.3Child Welfare Information Gateway. Infant Safe Haven Laws – Georgia

What Immunity You Get

A mother who follows the safe haven requirements receives immunity from prosecution for child abandonment, cruelty to children, and contributing to the deprivation of a child. The surrender itself cannot be treated as a crime.5Justia. Georgia Code 19-10A-4 – No Criminal Prosecution for Leaving Child in Custody of Medical Facility, Fire Station, or Police Station

Those protections do not extend to harm inflicted before the surrender. If the baby shows signs of physical abuse or neglect that happened earlier, law enforcement can investigate and prosecute that conduct. The immunity covers the act of handing the baby over, not anything that happened beforehand.5Justia. Georgia Code 19-10A-4 – No Criminal Prosecution for Leaving Child in Custody of Medical Facility, Fire Station, or Police Station

What Happens to the Baby Next

The moment the staff member accepts the infant, they must call the DFCS hotline. Georgia operates a 24/7 line at 1-855-GACHILD (1-855-422-4453) for this purpose.2Georgia Department of Human Services. Georgia’s Safe Place for Newborns Act The baby receives a medical examination. Once a physician clears the infant, the Department of Human Services must take physical custody within six hours and bring the child before the juvenile court for a placement decision.3Child Welfare Information Gateway. Infant Safe Haven Laws – Georgia In most cases, the child is placed with a prospective adoptive family while the state moves toward formal termination of parental rights.

If You Change Your Mind

Reclaiming a surrendered baby is legally possible, but it gets harder every day. Contact DFCS as soon as you decide you want the child back, and get a family law attorney involved early. The state will already be pursuing termination of parental rights and placement with an adoptive family, and courts weigh the child’s stability heavily once a placement is in motion.

Keep the card with the identification number and contact information you received at the surrender. It exists partly for this situation and is your fastest route back into the system.

If You Are the Father

A father who was not part of the surrender decision has options, but the window is narrow. Georgia maintains a putative father registry where a man who believes he may be the biological father can register his claim. Registration entitles him to receive notice of any adoption or termination-of-rights proceedings involving the child.6Justia. Georgia Code 19-11-9 – Putative Father Registry

Registering alone does not block an adoption. Georgia law is explicit that a father cannot stop proceedings simply by objecting after registering. He must register promptly and then actively pursue custody in court. Safe haven cases move quickly toward adoption, so any delay can be fatal to a custody claim.6Justia. Georgia Code 19-11-9 – Putative Father Registry

What Changes in 2026

Governor Brian Kemp signed House Bill 350 in May 2026, expanding Georgia’s safe haven framework in three ways.

First, the law authorizes newborn safety devices, commonly called baby boxes, at fire stations, police stations, hospitals, and ambulance services. These are temperature-controlled enclosures where a mother can place a newborn without face-to-face interaction with staff. An alarm connected to 911 alerts on-site personnel, and the baby must be retrieved within five minutes. Facilities that install the boxes must have an emergency medical services provider on staff around the clock, and the boxes contain pamphlets explaining the mother’s legal rights, how to reclaim the child, and healthcare resources.

Second, HB 350 extends the maximum surrender age from 30 days to 45 days, giving a mother an additional two weeks to decide.

Third, ambulance crews are now authorized to take custody of a surrendered newborn and transport the child to the nearest hospital. The bill passed the Senate 49-1 and the House 164-4.

If you are weighing a safe haven surrender in Georgia, the National Safe Haven Alliance operates a 24-hour crisis hotline at 1-888-510-BABY (1-888-510-2229) and can walk you through your options in real time.