18-1512A — ADVERTISING FOR ADOPTION -- PROHIBITED ACTS

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                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 15
                        CHILDREN AND VULNERABLE ADULTS
    18-1512A.  ADVERTISING FOR ADOPTION -- PROHIBITED ACTS. (1) Unless the
context clearly requires otherwise in this section, "advertisement" means
communication by newspaper, radio, television, handbills, placards or other
print, broadcast or the electronic medium.
    (2)  No person or entity shall cause to be published for circulation or
broadcast on a radio or television station within the geographic borders of
the state of Idaho an advertisement or notice of a child or children offered
or wanted for adoption or shall hold himself out through such advertisement or
notice as having the ability to place, locate, dispose or receive a child or
children for adoption, unless the person or entity is a duly authorized agent,
contractee or employee of the department of health and welfare or an
authorized children's agency or institution licensed by the department of
health and welfare to care for and place children.
    (3)  A violation of subsection (2) of this section is a matter affecting
the public interest for the purpose of applying chapter 6, title 48, Idaho
Code. A violation of subsection (2) of this section is not reasonable in
relation to the development and preservation of business. A violation of
subsection (2) of this section constitutes an unfair or deceptive act or
practice in trade or commerce for the purpose of applying chapter 6, title 48,
Idaho Code.
    (4)  Nothing herein is intended to prohibit an attorney licensed to
practice in the state of Idaho from advertising his or her ability to practice
or provide services related to the adoption of children.
    (5)  Nothing herein is intended to prohibit physicians and other health
care providers who are licensed to practice in the state of Idaho from
assisting or providing natural and adoptive parents with medical care
necessary to initiate and complete adoptive placements.