Fla. Stat. 383.50
Treatment of surrendered infant


(1)

As used in this section, the term “infant” means a child who a licensed physician reasonably believes is approximately 30 days old or younger at the time the child is left at a hospital, an emergency medical services station, or a fire station.

(2)

There is a presumption that the parent who leaves the infant in accordance with this section intended to leave the infant and consented to termination of parental rights.

(3)

Each emergency medical services station or fire station that is staffed with full-time firefighters, emergency medical technicians, or paramedics shall accept any infant left with a firefighter, an emergency medical technician, or a paramedic. The firefighter, emergency medical technician, or paramedic shall consider these actions as implied consent to and shall:Provide emergency medical services to the infant to the extent that he or she is trained to provide those services; andArrange for the immediate transportation of the infant to the nearest hospital having emergency services.

A licensee as defined in s. 401.23, a fire department, or an employee or agent of a licensee or fire department may treat and transport an infant pursuant to this section. If an infant is placed in the physical custody of an employee or agent of a licensee or fire department, such placement is considered implied consent for treatment and transport. A licensee, a fire department, or an employee or agent of a licensee or fire department is immune from criminal or civil liability for acting in good faith pursuant to this section. This subsection does not limit liability for negligence.

(a)

Provide emergency medical services to the infant to the extent that he or she is trained to provide those services; and

(b)

Arrange for the immediate transportation of the infant to the nearest hospital having emergency services.

(4)(a)

After the delivery of an infant in a hospital, a parent of the infant may leave the infant with medical staff or a licensed health care professional at the hospital if the parent notifies such medical staff or licensed health care professional that the parent is voluntarily surrendering the infant and does not intend to return.Each hospital of this state subject to s. 395.1041 shall, and any other hospital may, admit and provide all necessary emergency services and care, as defined in s. 395.002(9), to any infant left with the hospital in accordance with this section. The hospital or any of its medical staff or licensed health care professionals shall consider these actions as implied consent for treatment, and a hospital accepting physical custody of an infant has implied consent to perform all necessary emergency services and care. The hospital or any of its medical staff or licensed health care professionals are immune from criminal or civil liability for acting in good faith in accordance with this section. This subsection does not limit liability for negligence.

(4)(a)

After the delivery of an infant in a hospital, a parent of the infant may leave the infant with medical staff or a licensed health care professional at the hospital if the parent notifies such medical staff or licensed health care professional that the parent is voluntarily surrendering the infant and does not intend to return.

(b)

Each hospital of this state subject to s. 395.1041 shall, and any other hospital may, admit and provide all necessary emergency services and care, as defined in s. 395.002(9), to any infant left with the hospital in accordance with this section. The hospital or any of its medical staff or licensed health care professionals shall consider these actions as implied consent for treatment, and a hospital accepting physical custody of an infant has implied consent to perform all necessary emergency services and care. The hospital or any of its medical staff or licensed health care professionals are immune from criminal or civil liability for acting in good faith in accordance with this section. This subsection does not limit liability for negligence.

(5)

Except when there is actual or suspected child abuse or neglect, any parent who leaves an infant with a firefighter, an emergency medical technician, or a paramedic at a fire station or an emergency medical services station, or brings an infant to an emergency room of a hospital and expresses an intent to leave the infant and not return, has the absolute right to remain anonymous and to leave at any time and may not be pursued or followed unless the parent seeks to reclaim the infant. When an infant is born in a hospital and the mother expresses intent to leave the infant and not return, upon the mother’s request, the hospital or registrar shall complete the infant’s birth certificate without naming the mother thereon.

(6)

A parent of an infant left at a hospital, an emergency medical services station, or a fire station under this section may claim his or her infant up until the court enters a judgment terminating his or her parental rights. A claim to the infant must be made to the entity having physical or legal custody of the infant or to the circuit court before whom proceedings involving the infant are pending.

(7)

Upon admitting an infant under this section, the hospital shall immediately contact a local licensed child-placing agency or alternatively contact the statewide central abuse hotline for the name of a licensed child-placing agency for purposes of transferring physical custody of the infant. The hospital shall notify the licensed child-placing agency that an infant has been left with the hospital and approximately when the licensed child-placing agency can take physical custody of the infant. In cases where there is actual or suspected child abuse or neglect, the hospital or any of its medical staff or licensed health care professionals shall report the actual or suspected child abuse or neglect in accordance with ss. 39.201 and 395.1023 in lieu of contacting a licensed child-placing agency.

(8)

An infant admitted to a hospital in accordance with this section is presumed eligible for coverage under Medicaid, subject to federal rules.

(9)

An infant left at a hospital, an emergency medical services station, or a fire station in accordance with this section may not be deemed abandoned and subject to reporting and investigation requirements under s. 39.201 unless there is actual or suspected child abuse or until the Department of Children and Families takes physical custody of the infant.

(10)

If the parent of an infant is unable to surrender the infant in accordance with this section, the parent may call 911 to request that an emergency medical services provider meet the surrendering parent at a specified location. The surrendering parent must stay with the infant until the emergency medical services provider arrives to take custody of the infant.

(11)

A criminal investigation may not be initiated solely because an infant is surrendered in accordance with this section unless there is actual or suspected child abuse or neglect.

Source: Section 383.50 — Treatment of surrendered infant, https://www.­flsenate.­gov/Laws/Statutes/2024/0383.­50 (accessed Aug. 7, 2025).

383.04
Prophylactic required for eyes of infants
383.06
Report of inflammation or discharge in infant’s eyes
383.07
Penalty for violation
383.11
Reports
383.011
Administration of maternal and child health programs
383.13
Use of information by department
383.013
Prenatal care
383.014
Perinatal mental health care
383.14
Screening for metabolic disorders, other hereditary and congenital disorders, and environmental risk factors
383.015
Breastfeeding
383.15
Legislative intent
383.016
Breastfeeding policy for “baby-friendly” facilities providing maternity services and newborn infant care
383.16
Definitions
383.17
Regional perinatal intensive care centers program
383.18
Contracts
383.19
Standards
383.30
Birth Center Licensure Act
383.31
Selection of clients
383.32
Clinical records
383.33
Administrative penalties
383.50
Treatment of surrendered infant
383.51
Confidentiality
383.0131
Pregnancy and parenting resources website
383.141
Prenatally diagnosed conditions
383.145
Newborn, infant, and toddler hearing screening
383.146
Infants and toddlers who are deaf or hard of hearing
383.147
Sickle cell disease and sickle cell trait registry
383.148
Environmental risk screening
383.216
Community-based prenatal and infant health care
383.301
Licensure and regulation of birth centers
383.302
Definitions of terms used in ss
383.305
Licensure
383.307
Administration of birth center
383.308
Birth center facility and equipment
383.309
Minimum standards for birth centers and advanced birth centers
383.311
Education and orientation for birth center clients and their families
383.312
Prenatal care of birth center clients
383.313
Birth center performance of laboratory and surgical services
383.315
Agreements with consultants for advice or services
383.316
Transfer and transport of clients to hospitals
383.318
Postpartum care for birth center clients and infants
383.324
Inspections and investigations
383.325
Inspection reports
383.327
Birth and death records
383.332
Establishing, managing, or operating a birth center without a license
383.402
Child abuse death review
383.412
Public records and public meetings exemptions
383.2161
Maternal and child health report
383.2162
Black infant health practice initiative
383.2163
Telehealth Minority Maternity Care Program
383.3081
Advanced birth center designation
383.3105
Patients consenting to adoptions
383.3131
Advanced birth center performance of laboratory and surgical services
383.3361
Limitations on civil and administrative liability
383.3362
Sudden Unexpected Infant Death
383.21625
Fetal and infant mortality review committees
383.33625
Stephanie Saboor Grieving Parents Act

Current through Fall 2025

§ 383.50. Treatment of surrendered infant's source at flsenate​.gov