A. A person, other than a person described in Subsection E of this section, shall not advertise adoption services unless the advertisement includes the following statement: "WARNING: (INSERT NAME OF PERSON ADVERTISED) IS NOT ACCREDITED, CERTIFIED OR LICENSED TO PROVIDE ADOPTION SERVICES WITHIN NEW MEXICO.". If the advertisement is in print, the required statement shall be entirely in uppercase letters and in a print size no smaller than that generally used in the advertisement. If the advertisement is spoken, the required statement shall be spoken at the same pace and volume as that generally used in the advertisement.
B. A person who violates this section is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 32A-5-42 NMSA 1978.
C. A violation of this section constitutes an unfair or deceptive trade practice pursuant to the Unfair Practices Act [Chapter 57, Article 12 NMSA 1978].
D. For purposes of this section, "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.
E. This section 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.
F. An advertising, marketing or promotional medium that accepts and publishes or otherwise distributes in good faith an advertisement that does not meet the requirements of this section is not subject to civil or criminal penalties pursuant to this section.
History: Laws 2012, ch. 28, § 5.
Emergency clauses. — Laws 2012, ch. 28, § 6 contained an emergency clause and was approved on March 3, 2012.
Structure 2021 New Mexico Statutes
Section 32A-5-1 - Short title.
Section 32A-5-3 - Definitions.
Section 32A-5-4 - Application of the federal Indian Child Welfare Act of 1978.
Section 32A-5-5 - Indian child placement preferences.
Section 32A-5-6 - Authority of the department.
Section 32A-5-7 - Clerk of the court; duties.
Section 32A-5-8 - Confidentiality of records.
Section 32A-5-11 - Who may be adopted; who may adopt.
Section 32A-5-12 - Placement for adoption; restrictions; full disclosure.
Section 32A-5-13 - Independent adoptions; request for placement; placement order; certification.
Section 32A-5-14 - Pre-placement study.
Section 32A-5-14.1 - Criminal history records check; background checks.
Section 32A-5-15 - Termination of parental rights.
Section 32A-5-16 - Termination procedures.
Section 32A-5-17 - Persons whose consents or relinquishments are required.
Section 32A-5-18 - Implied consent or relinquishment.
Section 32A-5-19 - Persons whose consents or relinquishments are not required.
Section 32A-5-20 - Putative father registry; notice; penalty.
Section 32A-5-21 - Form of consent or relinquishment.
Section 32A-5-22 - Persons required to receive counseling; content and form of counseling.
Section 32A-5-23 - Persons who may take consents or relinquishments; accounting of disbursements.
Section 32A-5-24 - Relinquishments to the department.
Section 32A-5-25 - Petition; time of filing.
Section 32A-5-26 - Petition; content.
Section 32A-5-27 - Notice of petition; form of service; waiver.
Section 32A-5-28 - Response to petition.
Section 32A-5-29 - Custody pending decree.
Section 32A-5-30 - Removal of adoptee from the county.
Section 32A-5-31 - Post-placement report.
Section 32A-5-32 - Stepparent adoptions.
Section 32A-5-33 - Appointment of guardian ad litem or attorney for the adoptee or other party.
Section 32A-5-34 - Fees and charges; damages.
Section 32A-5-35 - Open adoptions.
Section 32A-5-36 - Adjudication; disposition; decree of adoption.
Section 32A-5-37 - Status of adoptee and petitioner upon entry of decree of adoption.
Section 32A-5-38 - Birth certificates.
Section 32A-5-39 - Recognition of foreign decrees.
Section 32A-5-39.1 - Application of the federal Intercountry Adoption Act.
Section 32A-5-40 - Post-decree of adoption access to records.
Section 32A-5-41 - Appointment of confidential intermediary.
Section 32A-5-42.1 - Unauthorized adoption facilitation; penalties.
Section 32A-5-42.2 - Advertising adoption services; requirements; penalties.
Section 32A-5-43 - Purpose of subsidized adoptions.