New Mexico Statutes Chapter 32A. Children's Code § 32A-5-42.1. Unauthorized adoption facilitation;  penalties

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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.  1

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.

1  NMSA 1978, § 57-12-1 et seq.

Cite this article: FindLaw.com - New Mexico Statutes Chapter 32A. Children's Code § 32A-5-42.1. Unauthorized adoption facilitation;  penalties - last updated May 06, 2021 | https://codes.findlaw.com/nm/chapter-32a-childrens-code/nm-st-sect-32a-5-42-1/


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