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0 tracked cards Civil Law and Land Titles and Deeds

Which statement best describes (i) the controlling doctrine governing Safe Haven and (ii) the legal effect of surrender to a Safe Haven on parental rights and on custody of the child, given the following scenario? A pregnant woman, Lila, delivers a baby at a designated Safe Haven facility and leaves the newborn there without identifying details. The Safe Haven staff hand the infant over to the City Social Welfare Office for temporary care. After five months, a married couple file a petition for adoption with the trial court, alleging the child is abandoned and eligible for adoption. The mother later appears and seeks to reclaim custody, stating she wishes to raise the child herself.

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The parent has the right to reclaim custody at any time and does not need to adhere to any period; Adoption can proceed only with the parent's consent. The Safe Haven doctrine automatically terminates parental rights and vests custody with the State, making the child immediately available for adoption. The law requires that after surrender, any subsequent adoption petition must first seek restoration of parental rights before any adoption can proceed. Surrender to a Safe Haven terminates parental authority only insofar as the child is placed under temporary care by the State, and the parent may reclaim custody; the court must determine, on petition for adoption, whether restoration to the parent or adoption by others is proper based on the child's best interests.

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