2018 Indiana Code
TITLE 35. Criminal Law and Procedure
ARTICLE 46. MISCELLANEOUS OFFENSES
CHAPTER 1. Offenses Against the Family
35-46-1-22. Unauthorized adoption facilitation
Sec. 22. (a) As used in this section, "adoption services" means at least one (1) of the following services that is provided for compensation, an item of value, or reimbursement, either directly or indirectly, and provided either before or after the services are rendered:
(1) Arranging for the placement of a child.
(2) Identifying a child for adoption.
(3) Matching adoptive parents with biological parents.
(4) Arranging or facilitating an adoption.
(5) Taking or acknowledging consents or surrenders for termination of parental rights for adoption purposes.
(6) Performing background studies on:
(A) a child who is going to be adopted; or
(B) adoptive parents.
(7) Making determinations concerning the best interests of a child and the appropriateness in placing the child for adoption.
(8) Postplacement monitoring of a child before the child is adopted.
(b) As used in this section, the term "adoption services" does not include the following:
(1) Legal services provided by an attorney licensed in Indiana.
(2) Adoption related services provided by a governmental entity or a person appointed to perform an investigation by the court.
(3) General education and training on adoption issues.
(4) Postadoption services, including supportive services to families to promote the well-being of members of adoptive families or birth families.
(c) Subsection (d) does not apply to the following persons:
(1) The department of child services, an agency or person authorized to act on behalf of the department of child services, or a similar agency or county office with similar responsibilities in another state.
(2) The division of family resources, an agency or person authorized to act on behalf of the division of family resources, or a similar agency or county office with similar responsibilities in another state.
(3) A child placing agency licensed under the laws of Indiana.
(4) An attorney licensed to practice law in Indiana.
(5) A prospective biological parent or adoptive parent acting on the individual's own behalf.
(d) A person who knowingly or intentionally provides, engages in, or facilitates adoption services to a birth parent who lives in Indiana commits unauthorized adoption facilitation, a Class A misdemeanor.
(e) Subsection (f) does not apply to the following persons:
(1) The department of child services, an agency or person authorized to act on behalf of the department of child services, or a similar agency or county office with similar responsibilities in another state.
(2) The division of family resources, an agency or person authorized to act on behalf of the division of family resources, or a similar agency or county office with similar responsibilities in another state.
(3) A child placing agency licensed under the laws of Indiana or another state.
(4) An attorney licensed to practice law in Indiana or another state.
(5) A prospective biological parent or adoptive parent acting on the individual's own behalf.
(f) A person who knowingly or intentionally provides, engages in, or facilitates adoption services to a prospective adoptive parent who lives in Indiana commits unauthorized adoption facilitation, a Class A misdemeanor.
As added by P.L.146-2007, SEC.21. Amended by P.L.146-2008, SEC.685; P.L.21-2010, SEC.11; P.L.31-2011, SEC.1.
