The Abandoned Infant Protection Act (AIPA) created an affirmative defense to the criminal charges of Abandonment of a Child and Endangering the Welfare of a Child, when the following conditions are met:

1. The abandoned infant can be no more than 5 days old.
2. The person abandoning the infant must have intended the child be safe and well cared for. They cannot have intended the child any harm.
3. The infant must be left with an appropriate or suitable location. Should the infant be left in a suitable location, and appropriate person must be notified immediately of the child's location so the child can be taken into custody and cared for.

A "suitable location" has been identified by district attorneys in New York State as being:

• Hospitals
• Police stations
• Fire stations
• As long as they are open and staff is present.

An "appropriate person" has been identified as:

• Employees of the suitable location that are trained to deal with emergency situations.
• At a hospital, a doctor, nurse or emergency room personnel would be suitable. Any on-duty police officer at a police station or fire-persons or emergency medical technicians (EMTs) at a fire station would also be appropriate.