2013 New Mexico Statutes
Chapter 32A - Children's Code
Article 5 - Adoptions
Section 32A-5-42.1 - Unauthorized adoption facilitation; penalties. (2012)
32A-5-42.1. Unauthorized adoption facilitation; penalties. (2012)
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.
Disclaimer: These codes may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.