§ 19-10A-4.No criminal prosecution for leaving child in custody of medical facility, fire station, or police station
Chapter 10A. Eliza Jane Warner Act · Last amended 2026 · Last verified October 9, 2026
Full Text of § 19-10A-4
Plain-English Summary
This is the core of Georgia’s safe-haven law. A mother can’t be prosecuted under Code Section 16-5-70, Code Section 16-12-1 (two criminal statutes in Title 16) or § 19-10-1 (criminal abandonment of a child) because of the act of leaving her newborn — so long as the baby is no more than 45 days old and she leaves the baby in one of two ways.
The first is a handoff. She leaves the newborn in the physical custody of an employee, agent or staff member of a medical facility, fire station, police station, public safety vehicle or ambulance service. That person must be on duty, but may be paid or a volunteer. The section asks the mother to show proof of her identity and to give her name and address — but in each case only “if willing,” so she may decline. The second way requires no handoff at all: she places the newborn in a newborn safety device. Section 19-10A-2 defines each of these places, and § 19-10A-8 sets the standards a safety device must meet.
Subsection (b) extends the same protection to anyone assisting or acting at the direction of the mother, for any act that would be shielded if the mother did it herself. So a partner, relative or friend who carries the baby in for her is covered on the same terms.
Notice the limits. The shield covers prosecution under those three statutes, and only for the act of leaving the newborn as described. A baby older than 45 days, or a baby left somewhere other than the listed places, falls outside it. Once the baby is left, § 19-10A-6 requires transport to a medical facility and notice to the Department of Human Services. The section was last amended in 2026, effective July 1, 2026.
Frequently Asked Questions
How old can a baby be to use Georgia’s safe haven law?
No more than 45 days old. The protection from prosecution applies only when the newborn child is no more than 45 days old when the mother leaves the baby with on-duty staff at a designated place or in a newborn safety device. For an older child, this section’s shield doesn’t apply, and whether charges follow would depend on the facts and on prosecutors.
Where can I safely surrender a newborn in Georgia?
With an on-duty employee, agent or staff member — paid or volunteer — of a medical facility, fire station, police station, public safety vehicle or ambulance service, or in a newborn safety device. Section 19-10A-2 defines each place; a medical facility includes hospitals and urgent care facilities but not doctors’ or dentists’ private offices. A public safety vehicle must be occupied.
Do I have to give my name to use Georgia’s safe haven law?
No. The section says the mother shows proof of her identity, if willing, and provides her name and address, if willing. Both are voluntary. If she uses a newborn safety device instead, there is no handoff at all, although § 19-10A-8 requires the device to have a security camera that records anyone who accesses it.
Can someone else drop off the baby for the mother in Georgia?
Yes, if they are assisting or acting at the mother’s direction. Subsection (b) says such a person can’t be prosecuted under the three named statutes for any act that would be shielded if the mother herself did it. So a partner, parent or friend who brings the baby in at her direction is protected on the same terms — including the 45-day age limit.
What crimes does the Georgia safe haven law protect a mother from?
Three: Code Sections 16-5-70 and 16-12-1, both criminal statutes in Title 16, and § 19-10-1, Georgia’s criminal child-abandonment law. The protection covers prosecution because of the act of leaving the newborn as this section describes. It doesn’t extend to other statutes or to conduct beyond leaving the baby.
Amendment History
Laws 2002, p. 1137, § 1; Laws 2003, Act 9, § 19, eff. May 14, 2003; Laws 2013, Act 127, § 4-28, eff. Jan. 1, 2014; Laws 2017, Act 202, § 1, eff. July 1, 2017; Laws 2026, Act 639, § 1, eff. July 1, 2026.