Effective March 3, 2012
Starting around the year 2000, New Mexico residents became increasingly drawn into illegal, risky and expensive adoption processes by out of state facilitators or multi-state adoption businesses and agencies. Members of the Alliance reviewed legislation from other states and drafted proposed legislation to restrict predatory adoption practices by out of state entities in our state and worked on passing similar legislation in New Mexico to help restore ethical adoption practice here. After seven years of lobbying New Mexico became a No Facilitator State March 3, 2012.
The Alliances thanks the sponsor of these bills, Representative Al Park and Senator John Ryan
for their efforts to restore ethical adoption practice in our state.
WHAT DOES IT MEAN?
Example of Adoption Service:
1. arranging or assisting in the process of connecting or matching parents who may place a child for adoption with prospective adoptive parents;
2. providing counseling, advice or guidance related to a potential adoption;
3. receiving or disbursing funds or anything of value on behalf of a prospective adoptive parent or to a parent who may place or has placed a child for adoption
4. A full financial accounting of all disbursements for adoption services must be approved by the Inter-state Compact on the Placement of Children or a NM Courts.
ADVERTISING RESTRICTIONS "advertise" means to communicate, market, promote, induce or solicit by public media originating or distributed in New Mexico, including newspapers, periodicals, telephone book listings, outdoor advertising, radio, television or other electronic media.
This does not apply to:
(1) the department or a person authorized to act on behalf of the department;
(2) an agency licensed by the department;
(3) an investigator or counselor;
(4) an attorney licensed in the state who advertises legal services relating to adoption; or
(5) a prospective adoptive parent who is acting alone on the prospective adoptive parent's own behalf and who has a current, approved pre-placement study as required by the department (CYFD).