Section 39.08. Anonymity and confidentiality.

 

(1)  A parent who relinquishes custody of a newborn, or a person assisting a parent in that relinquishment, may do so anonymously.

(2)  A parent who relinquishes custody of a newborn or a person assisting the parent with the relinquishment, who chooses to relinquish a newborn anonymously under sub. (1) may refuse to provide identifying information to, and may, at any time, leave the presence of, the law enforcement officer, emergency medical technician, or hospital staff member who took custody of the newborn, unless the law enforcement officer, emergency medical technician, or hospital staff member reasonably believes that one of the following circumstances exists:

(a) The newborn has been abused or neglected, as defined in s. 48.02 (1) and (12g) , Stats.

(b) The parent is being coerced or induced into relinquishing the newborn.

(3)  No person, including an officer, employee, or agent of this state or a political subdivision of this state, may induce or coerce or attempt to induce or coerce a parent or a person assisting a parent in relinquishing a newborn under this chapter to provide identifying information or attempt to ascertain identifying information from, or follow, or pursue, or locate a parent who relinquishes a newborn under this chapter or a person that assisted a parent in relinquishing a newborn, unless the person reasonably believes that the circumstances in sub. (2) (a) or (b) exist.

(4)  Any person who has or obtains information relating to the relinquishment of a newborn shall keep that information confidential and may not disclose that information, except to the persons specified in s. 48.195 (2) (d) , Stats.

(5)  

(a) A parent who chooses to be identified during the act of relinquishment may be asked all of the information specified in s. DCF 39.09 (1) , and any other information deemed pertinent by the person taking custody of the newborn.

(b) A parent who anonymously relinquishes a newborn under sub. (1) may choose to be identified as a parent of the newborn subsequent to the relinquishment by following the procedures specified in s. DCF 39.11 .

(6)  Nothing in this chapter shall affect the manner in which a law enforcement officer, emergency medical technician, or hospital staff member performs the duties prescribed by law or under his or her licensure or certification.

CR 03-010 : cr. Register January 2004 No. 577 , eff. 2-1-04; corrections in (5) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 ; correction in (2) (a) made under s. 13.92 (4) (b) 7. , Stats., Register May 2010 No. 653 .