Mich. Comp. Laws » Michigan Compiled Laws / Chapter 712 / Act 288 of 1939

Mich. Comp. Laws § 712.1

Short title of chapter; definitions.

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PROBATE CODE OF 1939


Act 288 of 1939


712.1 Short title of chapter; definitions.

Sec. 1.

    (1) This chapter shall be known and may be cited as the "safe delivery of newborns law".

    (2) As used in this chapter:

    (a) "Child placing agency" means that term as defined in section 1 of 1973 PA 116, MCL 722.111.

    (b) "Court" means the family division of circuit court.

    (c) "Department" means the department of human services.

    (d) "DNA identification profile" and "DNA identification profiling" mean those terms as defined in section 1 of the paternity act, 1956 PA 205, MCL 722.711.

    (e) "Domestic violence" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.

    (f) "Emergency service provider" means a uniformed or otherwise identified employee or contractor of a fire department, hospital, or police station when that individual is inside the premises and on duty. Emergency service provider also includes a paramedic or an emergency medical technician when either of those individuals is responding to a 9-1-1 emergency call.

    (g) "Fire department" means an organized fire department as that term is defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29.1.

    (h) "Gross negligence" means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.

    (i) "Hospital" means a hospital that is licensed under article 17 of the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.

    (j) "Lawyer-guardian ad litem" means an attorney appointed under section 2 of this chapter. A lawyer-guardian ad litem represents the newborn, and has the powers and duties, as set forth in section 17d of chapter XIIA.

    (k) "Newborn" means a child who a physician reasonably believes to be not more than 72 hours old.

    (l) "Police station" means that term as defined in section 43 of the Michigan vehicle code, 1949 PA 300, MCL 257.43.

    (m) "Preplacement assessment" means an assessment of a prospective adoptive parent as described in section 23f of chapter X.

    (n) "Surrender" means to leave a newborn with an emergency service provider without expressing an intent to return for the newborn.

History: Add. 2000 Act 232, Eff. Jan. 1, 2001 ;-- Am. 2006, Act 488, Eff. Jan. 1, 2007

Compiler's Notes:

    Enacting section 1 of Act 232 of 2000 provides:

    “Enacting section 1. Section 19b of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19b, as amended by this amendatory act, and chapter XII of the probate code of 1939, 1939 PA 288, as added by this amendatory act, do not apply to a proceeding that arises before the effective date of this amendatory act.”

    The heading to Chapter XII added by 2000 PA 232 (“SAFE DELIVERY OF NEWBORNS”) was incorrectly referenced in 2000 PA 235 as “SURRENDERED NEWBORNS.” The chapter heading evidently should read “SAFE DELIVERY OF NEWBORNS.”

PopularName Notes:

Baby Abandonment

PopularName Notes:

Baby Drop Off
Notes of Decisions
Cited in 13 cases (9 in the last 5 years), 2003–2025 · leading case: People v. Schaub
Sort: Relevance Newest Treatment
People v. Schaub (2003) michctapp · cites it 4× “135, was amended to add the following section encouraging parents of unwanted newborns to deliver them to emergency service providers instead of abandoning them: (2) Except for a situation involving actual or suspected child abuse or child neglect, it is an affirmative defense…”
In re Minors (2018) michctapp · cites it 3× “*499 Petitioner, Adoption Associates, a child-placing agency, appeals by leave granted the trial *500 court's order denying petitions to terminate parental rights to two children surrendered under the Safe Delivery of Newborns Law, MCL 712.1 et seq . The trial court concluded…”
in Re Miller Minors (2018) michctapp · cites it 3× “She surrendered the twins to the hospital the day after they were born under the Safe Delivery of Newborns Law.”
in Re Miller Minors (2018) michctapp · cites it 3× “She surrendered the twins to the hospital the day after they were born under the Safe Delivery of Newborns Law.”
in Re Baby Boy Doe (2021) michctapp · cites it 3× “KGK surrendered Doe at the hospital on August 12, 2018, under Michigan’s Safe Delivery of Newborns Law (SDNL), MCL 712.1 et seq. KGK declined to provide any information regarding the birth father’s identity, but did indicate that she was married.”
Kyresha Lefever v. Lanesha Matthews (2021) michctapp · cites it 2× “1003, the Safe Delivery of Newborns Act, MCL 712.1 et seq., the Adoption Code, MCL 710.”
In Re D v. Lange Minor (2025) mich · cites it 2× “The only exception under Michigan law allowing parents to refuse to provide a child with necessary and proper maintenance is the Safe Delivery of Newborns Law, MCL 712.1 et seq. Here, there was no question that respondent was able to provide some necessary and proper care to…”
in Re Baby Boy Doe (2021) michctapp “Therefore, any remedy must come from the Legislature, not from this Court.”
P in Re Guardianship of Aurora Beverly Ann Hoggett (2022) michctapp “17(5) (termination of parental rights under the Safe Delivery of Newborns Law, MCL 712.1 et. seq.). A probate court may also suspend parental rights with a parent’s consent under a limited guardianship.”
Od in Re Baby Boy Doe (2022) michctapp “But what of the responsibility of the child placing agency under the Safe Delivery of Newborns Law (SDNL), MCL 712.1 et seq., or more importantly, what of the responsibility of the state to provide constitutionally sound safeguards before commandeering parental rights (or, to…”
O in Re Baby Boy Doe (2022) michctapp “Very generally, petitioner alleges that he is the biological father of a child, Doe, who was surrendered by petitioner’s then-wife in Kent County, pursuant to the Safe Delivery of Newborns Law (SDNL), MCL 712.1 et seq., the day after petitioner filed for divorce in Ottawa County.”
William L Quint III v. Perla Maria Quint (2024) michctapp “366773) (reaching the merits of unpreserved claim, but declining “to resolve whether the ‘raise or waive’ rule or plain-error review applies in” cases involving the Safe Delivery of Newborns Law, MCL 712.1 et seq.). -7- A feature that distinguishes this appeal from the mine-run…”
Show all 13 citing cases →
— Mich. Comp. Laws § 712.1(2) — 4 cases
In re Minors (2018) michctapp “*499 Petitioner, Adoption Associates, a child-placing agency, appeals by leave granted the trial *500 court's order denying petitions to terminate parental rights to two children surrendered under the Safe Delivery of Newborns Law, MCL 712.1 et seq . The trial court concluded…”
in Re Miller Minors (2018) michctapp “She surrendered the twins to the hospital the day after they were born under the Safe Delivery of Newborns Law.”
in Re Miller Minors (2018) michctapp “She surrendered the twins to the hospital the day after they were born under the Safe Delivery of Newborns Law.”
in Re Baby Boy Doe (2021) michctapp “KGK surrendered Doe at the hospital on August 12, 2018, under Michigan’s Safe Delivery of Newborns Law (SDNL), MCL 712.1 et seq. KGK declined to provide any information regarding the birth father’s identity, but did indicate that she was married.”
— Mich. Comp. Laws § 712.1(2)(k) — 4 cases
In re Minors (2018) michctapp “*499 Petitioner, Adoption Associates, a child-placing agency, appeals by leave granted the trial *500 court's order denying petitions to terminate parental rights to two children surrendered under the Safe Delivery of Newborns Law, MCL 712.1 et seq . The trial court concluded…”
in Re Miller Minors (2018) michctapp “She surrendered the twins to the hospital the day after they were born under the Safe Delivery of Newborns Law.”
in Re Miller Minors (2018) michctapp “She surrendered the twins to the hospital the day after they were born under the Safe Delivery of Newborns Law.”
in Re Baby Boy Doe (2021) michctapp “KGK surrendered Doe at the hospital on August 12, 2018, under Michigan’s Safe Delivery of Newborns Law (SDNL), MCL 712.1 et seq. KGK declined to provide any information regarding the birth father’s identity, but did indicate that she was married.”
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