Use of Advertising and Facilitators in Adoptive Placements - New Mexico

Date: July 2020

Use of Advertisement

Citation: Ann. Stat. § 32A-5-42.2

A person, other than a person described 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.

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.

This section does not apply to 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 the prospective adoptive parent's own behalf and who has a current, approved preplacement study as required by the department

Use of Intermediaries/Facilitators

Citation: Ann. Stat. §§ 32A-5-42(A); 32A-5-42.1

Any person other than an agency who, in the regular course of business, selects an adoptive family for a prospective adoptee or arranges for the selection is guilty of a misdemeanor. The exchange of information between persons regarding the existence of a potential adoptee or potential adoptive family shall not be a violation of this section.

A person, other than a person described below, who knowingly or intentionally engages in adoption services with a person in this State for compensation is guilty of a misdemeanor.

This section does not apply to the following persons:

  • The department, a person authorized to act on behalf of the department, or a similar agency in another State
  • An investigator or counselor
  • An agency licensed in this State or another State that is providing an adoption service within that State to a parent, prospective adoptive parent, or a specific and identified adoptee who resides in that State
  • An attorney licensed to practice law in this State or in another State who is providing a legal service within and pursuant to the laws of that State to a parent, prospective adoptive parent, or a specific and identified adoptee who resides in that State
  • An agency facilitating the adoption of a foreign-born child
  • An agency facilitating a new placement of a child following a disruption or termination of an adoption
  • A prospective adoptive parent or birth parent acting alone on the parent's own behalf

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