New Mexico New Proposed Adoption Advertising Law

“Tightening up state adoption regulations: Sen. John Ryan, R-Albuquerque, has introduced legislation that would change the state’s Adoption Act.

The legislation, Senate Bill 27, includes a new provision that would impose misdemeanor penalties for unauthorized persons engaging in adoption services for compensation within New Mexico, according to a news release. The bill also would prohibit unauthorized adoption service providers from advertising unless the advertisement includes a disclaimer saying that the provider is “not accredited, certified, or licensed to provide adoption services within New Mexico.” Violations of  this new provision would constitute a misdemeanor.

Currently, there are limited protections against out-of-state individuals offering unauthorized adoptions.

“This is an emotional process that lends itself to possible corruption if protections for all participants are not in place,” Senator Ryan said. “There are all sorts of nasty things going on. These are primarily out-of-state so-called providers who are scamming biological parents, adoptive parents and are eventually negatively impacting our children.”

Legislators Vote to Oppose Citizens United Decision
[Las Cruces Sun-News 2/1/12]

Find the text of the legislation here. Section 1(c)  of this Bill defines what an adoption service is.

The definition includes “(2) arranging or assisting in the process of connecting or matching parents who may place a child for adoption with prospective adoptive parents;

“(10) when there is a disruption before an adoption of a child is final, assuming custody of the child and providing or facilitating the provision of child care or other social services for the child pending an alternative placement of the child;” sounds like private respite care by unlicensed people.

REFORM Puzzle Piece

There must be a lot of suspicious activity going on in New Mexico. If you really want consumer protection, why are unlicensed people allowed to advertise at all? Why would you want them to be able to put a disclaimer on the ad instead of of banning ads altogether?