P.R. Laws tit. 8, § 1062
It is the public policy of the Government of Puerto Rico to promote the establishment of a system whereby a mother may, before considering the possibility of abandoning her newborn child, surrender her child at a public or private hospital, as defined in § 331a of Title 24, known as the “Health Facilities Act”, or an adoption agency that has joined the voluntary surrender of minors or safe shelter program, confidentially, without harm and fear of being arrested, prosecuted, or tried, before seventy-two (72) hours have elapsed from the time of birth of the child, insofar as such newborn child does not present any signs of abuse or mistreatment. Otherwise, the hospital shall activate the existing protocol followed in child abuse cases.
Any mother who surrenders her child on or before seventy-two (72) hours after the time of birth of the child have elapsed shall not be guilty of child abandonment as established in § 4760 of Title 33, known as the “Penal Code of Puerto Rico”, if she surrenders her newborn child voluntarily at a public or a private hospital or an adoption agency that has joined the voluntary surrender of minors or safe shelter program. The newborn child shall be handed over to the personnel detailed to the public or private hospital, which personnel shall be under the obligation to receive physical custody of the newborn child and contact the Department immediately. The Department shall be under the obligation to institute the adoption proceedings immediately. In case that the child is surrendered through an adoption agency that has joined the voluntary surrender of minors or safe shelter program, such agency shall have the appropriate personnel to carry out the surrender and receipt of such child. These adoption agencies shall have the duty to inform the public in general about their voluntary surrender of minors or safe shelter programs.
The mother of the newborn child shall be required to fill out a form on the medical history of the newborn child. Such form shall not include information which may compromise the confidentiality of the mother. If she should refuse to fill out such form, such refusal shall not constitute an impediment for the hospital to receive the newborn child.
Likewise, the biological mother or the biological parents or those that have the parental rights of a minor between zero (0) and three (3) years may make a voluntary surrender of said minor to an official authorized by the Department of the Family or to an adoption agency to such effects, without engaging in the crime of child abandonment as established in the Puerto Rico Penal Code, provided, the minor does not show signs of abuse or mistreatment. The person who voluntary surrenders the minor, as herein established, shall have the same aforementioned privileges. The Department shall be required to immediately initiate adoption proceedings.
The Department, within thirty (30) days from the date of approval of this act, shall promulgate regulations whereby it shall establish the protocol to be followed once a newborn child is under its physical custody or that of a public or private hospital.
History —Dec. 18, 2009, No. 186, § 13; Nov. 7, 2010, No. 165, § 2; Dec. 16, 2011, No. 247, § 3.