A baby girl who weighed a little over two pounds and two ounces and measured 13.7 inches long at birth is the first baby in South Carolina to be surrendered under Daniel's Law in 2026.

According to the most recent update, the Lexington County Department of Social Services has custody. 

Born on Feb. 9 to a Lexington County resident, the baby, whom DSS said in a press release is white, was surrendered on Feb. 11 under the state’s Safe Haven for Abandoned Babies Act.

Even though the baby was surrendered at Prisma Health Richland in Columbia, DSS said in the release that Lexington County DSS took custody of the infant because the mother lives in Lexington County.

The infant will remain in the hospital to receive additional medical care, the press release said. A medical evaluation was completed.

A hearing is set for March at the Lexington County Family Court. "Persons who believe they have parental rights to this child are required to attend the hearing to assert those rights," the DSS release said.

Daniel’s Law, signed into law in 2001, was enacted to protect infants from dangerous circumstances and fatal abandonments. 

The law was named after an infant who survived after being buried in a landfill in Allendale County shortly after his birth. 

Under the law, a person may surrender a newborn up to 60 days old instead of abandoning the baby. 

"Daniel's Law is intended to save babies," according to the DSS website. "It is not intended to hurt or punish anyone. It provides a safe option for mother and baby."

From 2009 through 2026, 78 babies have been surrendered under Daniel's Law in South Carolina.

"A person who abandons a newborn cannot be prosecuted for abandonment if he or she takes the baby to staff or an employee of a Safe Haven as defined in state law," according to DSS. "Safe Havens are defined as a hospital or hospital outpatient facility, law enforcement agencies, fire stations, emergency medical services (EMS) stations, or a house of worship during the time the church or synagogue is staffed."

Once a baby is surrendered, DSS then has legal custody of the child and will immediately pursue family court action to free the child for adoption.

"The person leaving the child will be asked to provide medical information about the baby’s parents and, if possible, the name of the baby’s parents. This will help the medical personnel treat the baby for any health problems," according to DSS. "The person leaving the child does not have to reveal his or her identity."

If the baby has been harmed, however, immunity from prosecution may not apply.