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HOUSE BILL NO. 64
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - SECOND SESSION
BY REPRESENTATIVES TOMASZEWSKI, Johnson, Schwanke, Prax, Vance, Underwood, Costello, Kopp,
Allard
Introduced: 1/24/25
Referred: Health and Social Services, Judiciary
A BILL
FOR AN ACT ENTITLED
"An Act relating to the surrender of infants; and providing for an effective date." 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
* Section 1. AS 47.10.013(c) is amended to read: 3
(c) A parent who is immune from prosecution under AS 11.81.500 and 4
chooses to surrender an infant shall surrender the infant in the manner described in this 5
subsection. Surrendering the infant in the manner described in this subsection 6
constitutes abandonment for purposes of this chapter. An infant's parent is considered 7
to have abandoned the infant safely, and, notwithstanding AS 25.20.030 and 8
AS 47.10.120, the parent's legal duty to support the infant is extinguished if 9
(1) the parent, without expressing an intent to return for the infant, 10
leaves the infant 11
(A) in the physical custody of a person who 12
(i) [IS A (A) PERSON] the parent reasonably believes 13
would provide for the health and safety of the infant and who would act 14
appropriately to care for the infant; 15
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(ii) is a [(B)] peace officer, community health aide, 1
physician, or hospital employee; or 2
(iii) [(C) PERSON WHO] is employed by or is a 3
volunteer for a fire department or emergency medical service, if the 4
person is acting within the scope of the person's fire department or 5
emergency medical service duties; or 6
(B) in an infant safety device that 7
(i) is physically affixed to an exterior wall or located 8
inside of a hospital, emergency department, freestanding birth 9
center as defined in AS 47.32.900, office of a private physician 10
whether in individual or group practice, rural health clinic as 11
defined in AS 47.32.900, municipal police department, state trooper 12
post, fire department, or other facility designated by the 13
commissioner as an appropriate location for an infant safety device 14
under regulations adopted by the commissioner; and 15
(ii) meets the requirements of (h) of this section; and 16
(2) there is no evidence the infant has been physically injured before 17
abandonment. 18
* Sec. 2. AS 47.10.013(d) is amended to read: 19
(d) A person to whom an infant is surrendered in the manner described in 20
(c)(1)(A)(ii) or (iii) [(c)(1)(B) OR (C)] of this section shall 21
(1) act appropriately to care for the infant; 22
(2) inform the parent that the parent may, but is not required to, answer 23
any questions regarding the name, identity, and medical history of the infant and 24
parents of the infant unless the parent chooses to contact the department under (3) of 25
this subsection; 26
(3) ask the parent if the parent wishes to relinquish the parent's 27
parental rights and release the infant for adoption; if the answer is affirmative, the 28
person shall contact the department so that the parent can discuss that option with the 29
department; 30
(4) immediately notify the nearest office of the department that the 31
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infant has been surrendered in the manner described in (c)(1)(A)(ii) or (iii) [(c)] of this 1
section. 2
* Sec. 3. AS 47.10.013(e) is amended to read: 3
(e) An individual, agency, designated facility, or entity that receives an infant 4
abandoned safely under (c) of this section is not liable for civil damages for failure to 5
discharge the duties listed in (d) of this section. 6
* Sec. 4. AS 47.10.013 is amended by adding new subsections to read: 7
(g) A designated facility that receives an infant surrendered under (c)(1)(B) of 8
this section shall immediately notify the nearest office of the department that the infant 9
has been surrendered under (c)(1)(B) of this section. 10
(h) An infant safety device must be 11
(1) located in an area that is conspicuous and visible to employees of a 12
designated facility; 13
(2) climate-controlled; 14
(3) clearly marked with appropriate signage, as determined by the 15
department; and 16
(4) equipped with 17
(A) a system that automatically transmits a request to the 911 18
emergency system for the immediate dispatch of an emergency medical 19
services provider to the location of the infant safety device when the infant 20
safety device is opened; 21
(B) a video surveillance system that allows employees of the 22
designated facility to monitor the interior of the infant safety device 24 hours a 23
day; and 24
(C) an automated lock that secures the infant inside the infant 25
safety device after deposit. 26
(i) The department may provide training to emergency medical service 27
providers, 911 operators, hospital staff, firefighters, law enforcement officers, and 28
employees of a designated facility in how to implement and comply with the 29
requirements for the surrender of an infant as described in this section. 30
(j) In this section, "designated facility" means a facility described in 31
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(c)(1)(B)(i) of this section that has an infant safety device located at the facility. 1
* Sec. 5. This Act takes effect July 1, 2026. 2