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 [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 ice 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. History: Laws 2012, ch. 28, § 4. ANNOTATIONSEmergency clauses. — Laws 2012, ch. 28, § 6 contained an emergency clause and was approved on March 3, 2012.
New Mexico Legal Code