POLICE have confirmed Constance Marten and Mark Gordon have been arrested on gross negligence manslaughter.
At a press conference on Tuesday afternoon, police said there is a "possibility the baby has come to harm".
And they added the search "may not end as we like".
But they said they "remain hopeful" as they continue extensive searches across 91-square miles of East Sussex for the newborn.
A spokesperson said: "We feel the risk is getting so great that we now have to consider the possibility that the baby has come to harm."
The charge of gross negligence manslaughter gives police powers to detain the couple for a longer period of time while they question the pair.
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After 54 days on the run, Constance and Gordon were finally arrested on Monday night on a residential street in Brighton – but their baby was nowhere to be seen.
The pair left their home in Eltham, South East London, sometime in September 2022, and began a nomadic lifestyle.
Before they vanished, it is thought Marten withdrew £15,000 of cash from an ATM.
The couple's car was found on fire on January 5 on the M61 near Bolton, Lancashire – it is thought Constance gave birth in the vehicle or near it in the days surrounding the incident.
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They were then spotted on CCTV at various locations across Liverpool, London, Essex and East Sussex.
Arrested without their newborn on Monday – police have launched a desperate hunt searching under cars and behind bins in Stanmer Villas and nearby Roedale Valley Allotments.
The allotment is now being treated as a "potential crime scene".
Following the pair's disappearance, police told how the aristocrat became estranged from her family after meeting Gordon while a drama student in 2016.
Gordon was deported to Britain from the US in 2010 after spending 20 years in prison for raping a woman when he was just 14.
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