Use of Advertising and Facilitators in Adoptive Placements - New Hampshire

Date: July 2020

Use of Advertisement

Citation: Rev. Stat. § 170-B:32

The term 'advertise through a public medium' means to communicate by any public medium, including by newspaper, periodical, telephone book listing, outdoor advertising sign, radio, television, or by computerized communication system, which includes an internet site, an internet profile, or any similar medium of communication provided via the internet. 'Advertising through a public medium' does not include communicating through personal or work electronic mail, text, or telephone.

It is unlawful to advertise through a public medium for one of the following purposes:

  • To find a child to adopt or to otherwise take permanent physical custody of a child
  • To find an adoptive home or any other permanent physical placement for a child or to arrange for or assist in the adoption, adoptive placement, or any other permanent physical placement of a child
  • To offer to place a child for adoption or in any other permanent physical placement with another person

This section shall not apply to the following:

  • An employee of the Department of Health and Human Services or a licensed child-placing agency who is acting within the scope of his or her employment to place a child for adoption
  • An adoption exchange whose membership includes licensed child-placing agencies that provide information and referral services to find adoptive homes
  • An individual or organization that is actively working with any of the agencies or entities described above to place a child for adoption
  • A person who advertises fertility-related services
  • An individual who has received a favorable recommendation regarding his or her fitness to be an adoptive parent
  • An individual who expresses a general interest in becoming an adoptive parent
  • A licensed attorney who advertises his or her availability to practice or provide services relating to the adoption of children

Use of Intermediaries/Facilitators

This issue is not addressed in the statutes reviewed.

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