2013 New Mexico Statutes
Chapter 32A - Children's Code
Article 5 - Adoptions
Section 32A-5-42.1 - Unauthorized adoption facilitation; penalties. (2012)


NM Stat § 32A-5-42.1 (2013) What's This?

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.

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