Whether it is a case of kidnapping is entirely determined by legal custody. The trial would go something like this:
KENNEDY LAWYER: "To whom does the responsibility of payment for services rendered ultimately fall?"
HOSPITAL ADMINISTRATOR#1: "The recipient."
KENNEDY LAWYER: "And if the recipient is a small child?"
HOSPITAL ADMINISTRATOR#1: "Then it would become the responsibility of the child's legal custodian."
KENNEDY LAWYER: "Thank you. Next witness, Your Honor."
[INTERLUDE]
KENNEDY LAWYER: "If Mr. Kennedy's insurer were to deny a part or all of the claim on his child's medical services, to whom would send the remainder of the bill?"
HOSPITAL ADMINISTRATOR#2: "Mr. Kennedy himself."
KENNEDY LAWYER: "Thank you. No more questions. Your Honor, I suggest that the case against my client be dismissed now so that we can expedite the attempted kidnapping case against the Hospital."
The Hospital's policy is squat in a court of law.
So you are OK with people walking out of hospitals with infants and children, as long as they say, “yep, this one’s mine.”
I presume that is OK for schools as well then?
“Say, those two cute ones over there are mine. I’ll take them to go.”
The obvious point that you circumvented is immediate custody. You don’t exchange it without proof.