32A-5-42.1. Unauthorized adoption facilitation; penalties.
247 words·~1 min read·
/nm/chapter-32a-children-s-code/article-5-adoptions/32a-5-42-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. A person, other than a person described in Subsection C of this section, who knowingly or intentionally engages in adoption services with a person in this state for compensation is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 32A-5-42 NMSA 1978.
B. A violation of this section constitutes an unfair or deceptive trade practice pursuant to the Unfair Practices Act [Chapter 57, Article 12 NMSA 1978].
C. This section does not apply to the following persons:
(1)the department, a person authorized to act on behalf of the department or a similar agency in another state;
(2)an investigator or counselor;
(3)an agency licensed pursuant to the laws of 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;
(4)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;
(5)an agency facilitating the adoption of a foreign born child;
(6)an agency facilitating a new placement of a child following a disruption or termination of an adoption; or
(7)a prospective adoptive parent or biological parent acting alone on the parent's own behalf.
History: Laws 2012, ch. 28, § 4.