Presumptions

5 V.I.C. § 2562 — under Family Division of the Superior Court.

5 V.I.C. § 2562

(a) There is a presumption that a person relinquishing a newborn infant, or otherwise causing the newborn infant to be relinquished, in accordance with this subchapter, is the newborn infant’s biological parent and either without expressing an intent to return for the newborn infant or expressing an intent not to return for the newborn infant, did intend to relinquish the newborn infant to a Safe Haven Provider, to treat, care for, and provide for the newborn infant in accordance with this subchapter.

(b) There is a presumption that by relinquishing a newborn infant in accordance with this subchapter, the newborn infant’s relinquishing parent consents to the termination of his or her parental rights with respect to the newborn infant.

(c) Both the relinquishing and non-relinquishing parent of a relinquished newborn infant may rebut the presumption set forth in subsection (a) or (b) at any time before the termination of the parent’s parental rights.