Current through 2024, ch. 69
Section 32A-5-42.1 - Unauthorized adoption facilitation; penaltiesA. 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.Added by 2012, c. 28,s. 4, eff. 3/3/2012.