Use of Advertising and Facilitators in Adoptive Placements - North Carolina

Use of Advertisement

Citation: Gen. Stat. § 48-10-101(b)-(b1)

No one other than a county department of social services, an adoption facilitator, or a licensed agency may advertise in any periodical or newspaper, by radio or television, or other public medium that any person or entity will place or accept a child for adoption. For purposes of this section, 'other public medium' includes the use of any computerized system, including electronic mail, internet site, internet profile, or any similar medium of communication provided via the internet.

This article shall not prohibit a person from advertising that the person desires to adopt. This section shall apply only to a person with a current completed preplacement assessment that finds the person suitable to be an adoptive parent.

The advertisement may be published only in a periodical or newspaper; on radio, television, cable television; or the internet. The advertisement shall include a statement that includes the following:

• That the person has a completed preplacement assessment
• The name of the agency that completed the preplacement assessment
• The date the preplacement assessment was completed
• Whether the person is willing to provide lawful expenses

Use of Intermediaries/Facilitators

Citation: Gen. Stat. §§ 48-10-102; 48-10-101(a); 48-1-101(3a); 48-3-202(a)

Except as provided in § 48-10-103, a person or entity may not pay or give, offer to pay or give, or request, receive, or accept any money or anything of value, directly or indirectly, for any of the following:

• The placement of a minor for adoption
• The consent of a parent, a guardian, or an agency to the adoption of a minor
• The relinquishment of a minor to an agency for purposes of adoption
• Assisting a parent or guardian in locating or evaluating a potential adoptive parent or in transferring custody of a minor to the adoptive parent

No one other than a parent, guardian, or agency may place a minor for adoption. No one other than a parent, guardian, agency, or an adoption facilitator may solicit potential adoptive parents on behalf of children in need of adoption. No one other than an agency or an adoption facilitator, or an individual with a completed preplacement assessment that contains a finding that the individual is suitable to be an adoptive parent or that individual's immediate family, may solicit for adoption a potential adoptee.

An adoption facilitator is an individual or a nonprofit entity that assists birth parents in locating and evaluating prospective adoptive parents without charge.

In a direct placement, a parent or guardian must personally select a prospective adoptive parent, but a parent or guardian may obtain assistance from another person, entity, or an adoption facilitator, in locating or evaluating a prospective adoptive parent.