Unregulated Custody Transfers of Adopted Children - New Mexico

Date: August 2022

Definitions

Citation: Ann. Stat. § 32A-5-42.2

For purposes of this section, the term 'advertise' means to communicate, market, promote, induce, or solicit by public media originating or distributed in New Mexico, including newspapers, periodicals, telephone book listings, outdoor advertising, radio, television, or other electronic media.

Prohibited or Required Actions Regarding Custody

Citation: Ann. Stat. §§ 32A-5-42.2; 45-5-104

A person, other than a person described in the Exceptions section below, shall not advertise adoption services, unless the advertisement includes the following statement: 'WARNING: (INSERT NAME OF PERSON ADVERTISED) IS NOT ACCREDITED, CERTIFIED OR LICENSED TO PROVIDE ADOPTION SERVICES WITHIN NEW MEXICO.' If the advertisement is in print, the required statement shall be entirely in uppercase letters and in a print size no smaller than that generally used in the advertisement. If the advertisement is spoken, the required statement shall be spoken at the same pace and volume as that generally used in the advertisement.

A parent or a guardian of a minor, by an acknowledged power of attorney, may delegate to another person, for a period not exceeding 6 months, any of the parent's or guardian's powers regarding care, custody, or property of the minor child, except the power to consent to marriage or adoption of a minor.

Exceptions

Citation: Ann. Stat. § 32A-5-42.2

This section does not apply to any of the following:

  • The Children, Youth and Families Department or a person authorized to act on behalf of the department
  • An agency licensed by the department
  • An investigator or counselor
  • An attorney licensed in the State who advertises legal services relating to adoption
  • A prospective adoptive parent who is acting alone on their own behalf and who has a current, approved preplacement study as required by the department

Consequences

Citation: Ann. Stat. § 32A-5-42.2

A person who violates this section is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of § 32A-5-42. A violation of this section also constitutes an unfair or deceptive trade practice pursuant to the Unfair Practices Act (§ 57-12-1).

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