Whenever pregnant women attend a healthcare services facility with the purpose of terminating their pregnancy, the institution shall notify its social worker on duty or a professional in the fields of healthcare and social welfare, in order to inform such women on the option of voluntary adoption as one of the alternatives available to handle unwanted pregnancies.
This informational briefing shall be offered to such women, who shall receive the same freely, voluntarily, and free of charge, pursuant to any such regulations on this matter as may be adopted by the Department, while guaranteeing the rights that protect pregnant women.
In the event that such pregnant women agree to receive the aforementioned informational briefing, upon completion thereof, the social worker or the professional in the fields of healthcare and social welfare shall ask them whether they are willing to enter into an agreement to voluntarily surrender the newborn child to be placed for adoption.
If they should agree, the social worker shall immediately notify such decision to the Department, which shall be in charge of carrying out any corresponding transactions to initiate the process by establishing an adoption agreement, whether by the Department or through any adoption agency as defined in this chapter. Such adoption agreement shall be entered into freely and voluntarily, without compensation of any kind, except for pregnancy-related expenses, as provided in § 1053 of this title.
As part of such transactions, the biological mother shall certify that she has been briefed on the alternative of adoption by voluntary surrender of the child, and that at no time has she been coerced or intimidated in order to agree to such adoption.
History —Dec. 18, 2009, No. 186, § 3, eff. 30 days after Dec. 18, 2009; Dec. 16, 2011, No. 247, § 2.