(a) A relinquishing or non-relinquishing parent of a newborn infant relinquished in accordance with this subchapter may petition for the return of custody of the newborn infant before the termination of parental rights by filing a petition for return of custody in the court in which the proceeding for the termination of parental rights is pending.
(b) If a petition for the termination of parental rights has not been filed by the Department, the parent of the relinquished newborn infant shall contact the Department, which shall notify the parent of the appropriate court in which the petition for return of custody must be filed.
(c) The court may hold the proceeding for the termination of parental rights in abeyance for a period not to exceed 60 days from the date that the petition for return of custody was filed without a showing of good cause. During that period:(1) The court shall order genetic testing to establish maternity or paternity, or both.(2) The Department shall conduct a home study to develop recommendations to the court.(3) When indicated, as a result of the Department’s investigation and home study, further proceedings may be conducted. However, relinquishment of a newborn infant in accordance with this subchapter does not render the newborn infant abused, neglected, or abandoned solely because the newborn infant was relinquished to a Safe Haven Provider in accordance with this subchapter.
(1) The court shall order genetic testing to establish maternity or paternity, or both.
(2) The Department shall conduct a home study to develop recommendations to the court.
(3) When indicated, as a result of the Department’s investigation and home study, further proceedings may be conducted. However, relinquishment of a newborn infant in accordance with this subchapter does not render the newborn infant abused, neglected, or abandoned solely because the newborn infant was relinquished to a Safe Haven Provider in accordance with this subchapter.
(d) Failure to file a petition for the return of custody of a relinquished newborn infant before the termination of parental rights bars any future action asserting legal rights with respect to the newborn infant unless the relinquishing parent’s act of relinquishment that led to the termination of parental rights involved fraud perpetrated against and not stemming from or involving the non-relinquishing parent.
(e) No action to void or revoke the termination of parental rights of a parent of a newborn infant relinquished in accordance with this subchapter may be commenced after 12 months after the date that the newborn infant was initially relinquished to a Safe Haven Provider, unless the act of relinquishment that led to the termination of parental rights involved fraud.