Paid Adoption Outreach
Paid Adoption Outreach
What states do not allow adoption advertising?
The following list of adoption advertising laws per state can be your starting point when it comes to understanding what you legally can and cannot do to advertise your desire to adopt.
Adoption advertising law differs by state, and as you continue on your adoption journey you need to make sure you understand the laws in your state. The exact definition of adoption advertising also may differ by state. Generally speaking, advertising is defined as the publication in any public medium, either print or electronic, of either an interest in adopting a child or the availability of a specific child for adoption.
Approximately 33 states currently have laws that limit or regulate the use of advertising.
We’ve outlined the relevant laws for each state below, but please do your own research and speak with an adoption attorney about your state laws as well.
Adoption Law in Alabama
Advertising is Prohibited
Can be found in Citation: Ala. Code § 26-10A-36
“It shall be unlawful for any person, organization, corporation, partnership, hospital, association, or agency to advertise verbally, through print, electronic media, or otherwise that they will adopt children or assist in the adoption of children or offer anything of value to the parents of a child is in violation and prohibited”
Adoption Law in Alaska
Advertising is Allowed
This issue of advertising adoption in this state is not addressed in the statutes reviewed.
Adoption Law in American Samoa
Advertising is Allowed
This issue of advertising adoption in this state is not addressed in the statutes reviewed.
Adoption Law in Arizona
Advertising is Allowed
This issue of advertising adoption in this state is not addressed in the statutes reviewed.
Adoption Law in Arkansas
Advertising is Allowed
This issue of advertising adoption in this state is not addressed in the statutes reviewed.
Adoption Law in California
Advertising is Prohibited
Can be found in Citation: Family Law § 8609(a)
“Any person or organization that, without holding a valid and unrevoked license to place children for adoption issued by the department, advertises in any periodical or newspaper, by radio, or other public medium, that he, she, or it will place children for adoption, or accept, supply, provide, or obtain children for adoption, or that causes any advertisement to be published in or by any public medium soliciting, requesting, or asking for any child or children for adoption is guilty of a misdemeanor.”
Adoption Law in Colorado
Advertising is Allowed
Can be found in Citation: Rev. Stat. § 19-5-213.5
"Advertise through a public medium" means to communicate by any public medium, including by newspaper, periodical, telephone book listing, outdoor advertising sign, radio, or television or by computerized communication system, which includes an internet site, an internet profile, or any similar medium of communication provided via the internet. "Advertising through a public medium" does not include communicating through personal or work electronic mail, text, or telephone.”
Adoption Law in Connecticut
Advertising is Allowed
Can be found in Citation: Ann. Stat. § 45a-728d
“Any prospective adoptive parent may advertise through any public media in this State for placement of a child into his or her care for the purpose of adoption.”
Adoption Law in Delaware
Advertising is Prohibited
More info can be found in Citation: Ann. Code Tit. 13, § 930
“Only the Department of Services for Children, Youth and Their Families or a licensed agency may advertise in this State.”
Adoption Law in District of Columbia
Advertising is Allowed
This issue of advertising adoption in this state is not addressed in the statutes reviewed.
Adoption Law in Florida
Advertising is Prohibited
More info can be found in Citation: Ann. Stat. § 63.212(1)(g); 63.032
“It is unlawful for any person, except an adoption entity, to place an advertisement or offer to the public, in any way, by any medium whatsoever, that a minor is available for adoption or that a minor is sought for adoption. In addition, it is unlawful for any person purchasing advertising space or purchasing broadcast time to advertise adoption services to fail to include in such advertisement the Florida license number of the adoption entity or the Florida Bar number of the attorney placing the advertisement.
The term ‘adoption entity’ includes the Department of Children and Families, a registered child-caring agency, an intermediary, a Florida licensed child-placing agency, or a child-placing agency licensed in another State that also is licensed by the department to place children in the State of Florida.”
Adoption Law in Georgia
Advertising is Allowed
More info can be found in Citation: Ann. Code § 19-8-24(a)(1), (d)
It shall be unlawful for any person, organization, corporation, hospital, or association that has not been established as a child-placing agency by the Department of Human Services to advertise, whether in a periodical, by television, radio, or any other public medium or private means, that the person, organization, corporation, hospital, or association will adopt children or will arrange for children to be placed for adoption.
Individuals seeking to adopt a child or to place their child for adoption may communicate by private means, which include only written letters or oral statements.
Adoption Law in Hawaii
Advertising is Allowed
This issue of advertising adoption in this state is not addressed in the statutes reviewed.
Adoption Law in Idaho
Advertising is Prohibited
More info can be found in Citation: Ann. Code § 18-1512A
“Unless the context clearly requires otherwise in this section, "advertisement" means communication by newspaper, radio, television, handbills, placards or other print, broadcast or the electronic medium. No person or entity shall cause to be published for circulation or broadcast on a radio or television station within the geographic borders of the state of Idaho an advertisement or notice of a child or children offered or wanted for adoption or shall hold himself out through such advertisement or notice as having the ability to place, locate, dispose or receive a child or children for adoption, unless the person or entity is a duly authorized agent, contractee or employee of the department of health and welfare or an authorized children’s agency or institution licensed by the department of health and welfare to care for and place children.”
Adoption Law in Illinois
Advertising is Allowed
More info can be found in Citation: Cons. Stat. Tit. 225, § 10/12
Advertise means communication by any public medium originating or distributed in this State, including, but not limited to, newspapers, periodicals, telephone book listings, outdoor advertising signs, radio, or television.
A child care facility or child welfare agency licensed or operating under a permit issued by the Department of Children and Family Services may publish advertisements for the services that the facility is specifically licensed or issued a permit to provide. A person, group of persons, agency, association, organization, corporation, institution, center, or group that advertises or publishes any advertisement offering, soliciting, or promising to perform adoption services is guilty of a misdemeanor and shall be subject to a fine, unless they are:
Licensed or operating under a permit issued by the department as a child care facility or child welfare agency
A birth parent or a prospective adoptive parent acting on his or her own behalf
A licensed attorney advertising his or her availability to provide legal services relating to adoption, as permitted by law
Adoption Law in Indiana
Advertising is Prohibited
More info can be found in Citation: Ann. Code § 35-46-1-21
“Only a licensed attorney or a licensed child-placing agency may place a paid advertisement or paid listing of a person’s telephone number, on that person’s own behalf, in a telephone directory that a child is offered or wanted for adoption, or that person is able to place, locate, or receive a child for adoption.”
Adoption Law in Iowa
Advertising is Allowed
This issue of advertising adoption in this state is not addressed in the statutes reviewed.
Adoption Law in Kansas
Advertising is Allowed
Can be found in Citation: Ann. Stat. § 59-2123(a)(1), (b)-(c)
“The term ‘advertise’ means to communicate by newspaper, radio, television, handbills, placards or other print, broadcast, telephone directory, or electronic medium.”
“Any person who advertises that such person will adopt, find an adoptive home for a child, or otherwise place a child for adoption shall state in such advertisement whether or not such person is licensed and if licensed, under what authority such license is issued and in what profession. This provision shall not apply to the Kansas Department for Children and Families or to an individual seeking to adopt a child.”
Adoption Law in Kentucky
Advertising is Prohibited
More info can be found in Citation: Rev. Stat. § 199.590(1)
“A person, corporation, or association shall not advertise in any manner that it will receive children for the purpose of adoption. A newspaper published, prepared, sold, or distributed in the Commonwealth of Kentucky shall not contain an advertisement that solicits children for adoption or solicits the custody of children.”
Adoption Law in Louisiana
Advertising is Prohibited
More info can be found in Citation: Rev. Stat. § 46:1425(A)
“It shall be unlawful for any person or organization other than a licensed child-placing agency or a Louisiana-based crisis pregnancy center to advertise through print or electronic media that it will adopt children or assist in the adoption of children.”
Adoption Law in Maine
Advertising is Prohibited
More info can be found in Citation: Rev. Stat. Tit. 18-A, § 9-313
A person may not:
Advertise for the purpose of finding a child to adopt or to otherwise take into permanent physical custody
Advertise that the person will place a child for adoption or in any other permanent physical placement
Advertise for the purpose of finding a person to adopt or otherwise take into permanent custody a particular child
It should be noted that this section does not prohibit:
The Department of Health and Human Services or a child-placing agency from advertising in accordance with rules adopted by the department
An attorney licensed to practice in this State from advertising the attorney’s availability to practice or provide services relating to the adoption of children
Adoption Law in Maryland
Advertising is Allowed
This issue of advertising adoption in this state is not addressed in the statutes reviewed.
Adoption Law in Massachusetts
Advertising is Prohibited
More info can be found in Citation: Ann. Laws Ch. 210, § 11A
“Any person or entity other than a duly authorized agent or employee of the department of children and families or a child care or placement agency licensed under the provisions of chapter 15D, who causes to be published in the commonwealth an advertisement or notice of children offered or wanted for adoption, or in any way offers to place, locate or dispose of children offered or wanted for adoption, or who holds himself out in any way as being able to place, locate or dispose of children for adoption shall be punished by a fine of not less than one hundred nor more than one thousand dollars. Any such person who shall accept payment in the form of money or other consideration in return for placing a child for adoption shall be punished by a fine of not less than five thousand and not more than thirty thousand dollars, or by imprisonment in jail or house of correction for not more than two and one-half years or in the state prison for not more than five years, or both.”
Adoption Law in Michigan
Advertising is Allowed
This issue of advertising adoption in this state is not addressed in the statutes reviewed.
Adoption Law in Minnesota
Advertising is Allowed
This issue of advertising adoption in this state is not addressed in the statutes reviewed.
Adoption Law in Mississippi
Advertising is Allowed
Can be found in Citation: Ann. Code § 43-15-117
“No person, agency, firm, corporation, association or group children's home may engage in child placing, or solicit money or other assistance for child placing, without a valid license issued by the division. No out-of-state child-placing agency that provides a full range of services, including, but not limited to, adoptions, foster family homes, adoption counseling services or financial aid, may operate in this state without a valid license issued by the division.”
“No child-placing agency shall advertise in the media markets in Mississippi seeking birth mothers or their children for adoption purposes unless the agency holds a valid and current license issued either by the division or the authorized governmental licensing agency of another state that regulates child-placing agencies. Any child-placing agency, physician or attorney who advertises for child placing or adoption services in Mississippi shall be required by the division to show their principal office location on all media advertising for adoption services.”
Adoption Law in Missouri
Advertising is Allowed
This issue of advertising adoption in this state is not addressed in the statutes reviewed.
Adoption Law in Montana
Advertising is Prohibited
More info can be found in Citation: Ann. Code § 42-7-105(1)(a)
“No person, other than the Department of Public Health and Human Services or a licensed child-placing agency, may advertise in any public medium that the person knows of a child who is available for adoption, is willing to accept a child for adoption, or knows of prospective adoptive parents for a child.”
Adoption Law in Nebraska
Advertising is Prohibited
More info can be found in Citation: Rev. Stat. § 43-701
“Except as otherwise provided in the Nebraska Indian Child Welfare Act, no person other than a parent shall advertise a child for placement unless such person shall be duly licensed by the Department of Health and Human Services under such rules and regulations as the department shall prescribe.”
Adoption Law in Nevada
Advertising is Prohibited
More info can be found in Citation: Rev. Stat. § 127.283; 127.310(1)
“No person or organization other than a licensed child-placing agency may advertise that he or she will place children for adoption or permanent free care; accept, supply, provide, or obtain children for adoption or permanent free care; or cause any advertisement to be disseminated soliciting, requesting, or asking for any child or children for adoption or permanent free care.”
Adoption Law in New Hampshire
Advertising is Allowed
Can be found in Citation: Rev. Stat. § 170-E:39
“A child-placing agency licensed or operating under a permit issued by the Department of Health and Human Services may publish advertisements of the services for which it is specifically licensed or issued a permit under this subdivision. No person who is required to obtain a license or permit under this subdivision may advertise or cause to be published an advertisement soliciting or offering a child for placement unless the person has obtained the requisite license or permit.”
Adoption Law in New Jersey
Advertising is Allowed
This issue of advertising adoption in this state is not addressed in the statutes reviewed.
Adoption Law in New Mexico
Advertising is Allowed
Can be found in Citation: Ann. Stat. § 32A-5-42.2
It should be noted that this section does not apply to:
The Children, Youth and Families Department or a person authorized to act on behalf of the department.
An agency licensed by the department.
An investigator or counselor.
An attorney licensed in the State who advertises legal services relating to adoption.
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.
Adoption Law in New York
Advertising is Allowed
This issue of advertising adoption in this state is not addressed in the statutes reviewed.
Adoption Law in North Carolina
Advertising is Allowed
Can be found in Citation: Gen. Stat. § 48-10-101(b)-(b1)
No one other than a county department of social services, an adoption facilitator, or a licensed agency may advertise in any periodical or newspaper, or by radio, television, or other public medium, that any person or entity will place or accept a child for adoption.
This article shall not prohibit a person from advertising that the person desires to adopt. This section shall apply only to a person with a current completed preplacement assessment that finds the person suitable to be an adoptive parent.
The advertisement may be published only in a periodical or newspaper or on radio, television, cable television, or the Internet. The advertisement shall include a statement that:
Indicates that the person has a completed preplacement assessment
Identifies the name of the agency that completed the preplacement assessment
Identifies the date the preplacement assessment was completed
States whether the person is willing to provide lawful expenses
Adoption Law in North Dakota
Advertising is Prohibited
More info can be found in Citation: Cent. Code § 23-16-08; 50-11-06; 50-19-11; 50-12-17
“A person may not advertise, without a license to do so, in any public medium that the person knows of a child who is available for adoption or is willing to accept a child for adoption or that the person knows of prospective adoptive parents of a child.”
Adoption Law in Ohio
Advertising is Allowed
Can be found in Citation: Rev. Code § 5103.17
“The biological parent of a child may advertise the availability for placement of the parent’s child for adoption to a qualified adoptive parent. A qualified adoptive parent may advertise that the qualified adoptive parent is available for placement of a child into the qualified adoptive parent’s care for the purpose of adopting the child. A government entity may advertise about its role in the placement of children for adoption or any other information that would be relevant to qualified adoptive parents.”
Adoption Law in Oklahoma
Advertising is Allowed
Can be found in Citation: Ann. Stat. Tit. 21, § 866(A)(1)(g)-(h)
The crime of trafficking in children includes:
Advertising of services for compensation to assist with the placement of a child for adoption by any person or organization, except by the department or a licensed child-placing agency
Advertisements for and solicitation of a woman who is pregnant to induce her to place her child upon birth for adoption, except by a licensed child-placing agency or an attorney
Nothing in this section shall prohibit an attorney from the advertisement of legal services related to the adoption of children.
Adoption Law in Oregon
Advertising is Allowed
Can be found in Citation: Rev. Stat. § 109.311(4)
It is unlawful for any person to advertise a child offered or wanted for adoption or to advertise that the person is able to place, locate, dispose of, or receive a child for adoption. The provisions of this section do not apply to:
The State Office for Services to Children and Families or a licensed Oregon adoption agency or an agent, employee, or person with whom the Office or adoption agency has a contract authorizing such actions
A person who has completed a home study and has received a favorable recommendation regarding the fitness of the person to be an adoptive parent or the person’s attorney or uncompensated agent
Adoption Law in Pennsylvania
Advertising is Allowed
This issue of advertising adoption in this state is not addressed in the statutes reviewed.
Adoption Law in Rhode Island
Advertising is Allowed
This issue of advertising adoption in this state is not addressed in the statutes reviewed.
Adoption Law in South Carolina
Advertising is Allowed
Can be found in Citation: Ann. Code. § 63-9-70
Advertising prohibited to place or accept child for adoption; exception; penalties.
No person or entity other than the Department of Social Services, a child placing agency licensed in this State, or an attorney licensed in this State may advertise that the person or entity will place or accept a child for adoption.
Notwithstanding the provisions of subsection (A), a person is not prohibited from advertising that the person desires to adopt if the person has a current preplacement home investigation finding that the person is suitable to be an adoptive parent.
A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
The family court shall enjoin a person or entity from violating a provision of this section.
For purposes of this section, "advertise" means to communicate by newspaper, radio, television, hand bills, placards or other print, broadcast or electronic medium that originates within this State.
Adoption Law in South Dakota
Advertising is Allowed
This issue of advertising adoption in this state is not addressed in the statutes reviewed.
Adoption Law in Tennessee
Advertising is Allowed
Can be found in Citation: Ann. Code. § 36-1-108(a)(2)
Only a licensed child placing agency, as defined in § 36-1-102 , a licensed clinical social worker, as defined in § 36-1-102 , prospective adoptive parents, or a lawyer who is subject to the Tennessee supreme court rules regarding lawyer advertising may advertise for the placement of children for adoption in this state. In order to advertise for the placement of children for adoption in Tennessee, out-of-state licensed child placing agencies, licensed clinical social workers or lawyers must:
Be authorized to do business in this state under respective licensing laws and maintain a physical office within this state or incur expenses involved in the transportation of a licensing consultant to the closest physical office of the agency, social worker or lawyer.
Adoption Law in Texas
Advertising is Prohibited
More info can be found in Citation: Penal Code § 25.09
“A person commits an offense if the person advertises in the public media that the person will place a child for adoption or will provide or obtain a child for adoption. This section does not apply to a licensed child-placing agency that is identified in the advertisement as a licensed child-placing agency.”
“Public media includes newspapers or other periodicals, billboards or other signs, radio or television broadcasts, or communications through the use of the Internet or another public computer network.”
Adoption Law in Utah
Advertising is Prohibited
More info can be found in Citation: Ann. Code § 62A-4a-602(2)(b)
An attorney, physician, or other person may not:
Issue, or cause to be issued, a card, sign, or device to any person indicating that he or she is available to provide child-placing assistance
Cause, permit, or allow any sign or marking on or in any building or structure indicating that he or she is available to provide child-placing assistance
Announce—or cause, permit, or allow an announcement—in any newspaper, magazine, directory, or on radio or television indicating that he or she is available to provide child-placing assistance
Advertise by any other means that he or she is available to provide child-placing assistance
Adoption Law in Vermont
Advertising is Allowed
This issue of advertising adoption in this state is not addressed in the statutes reviewed.
Adoption Law in Virginia
Advertising is Allowed
Can be found in Citation: Ann. Code § 63.2-1218; 63.2-1225
“No person shall advertise or solicit to perform any activity prohibited by this section. Any person violating the provisions of this section shall be guilty of a felony. A physician, attorney, or member of the clergy shall not charge any fee for recommending [a placement of a child for adoption] to a board or agency and shall not advertise that he or she is available to make such recommendations. An attorney may, however, charge for legal fees and services rendered in connection with the placement.”
Adoption Law in Washington
Advertising is Allowed
Can be found in Citation: Rev. Code § 26.33.400(1)-(2)
No person or entity shall cause to be published for circulation, or broadcast on a radio or television station, an advertisement of a child or children offered or wanted for adoption, or shall hold himself or herself out through such advertisement as having the ability to place, locate, dispose, or receive a child or children for adoption unless such person or entity is:
A duly authorized agent, contractee, or employee of the department or a children’s agency or institution, licensed by the department to care for and place children
A person who has a completed preplacement report with a favorable recommendation as to the fitness of the person to be an adoptive parent
Adoption Law in West Virginia
Advertising is Allowed
This issue of advertising adoption in this state is not addressed in the statutes reviewed.
Adoption Law in Wisconsin
Advertising is Allowed
Can be found in Citation: Ann. Stat. § 48.825
No person may do any of the following:
Advertise for the purpose of finding a child to adopt or to otherwise take into permanent physical custody
Advertise that the person will find an adoptive home or any other permanent physical placement for a child or arrange for or assist in the adoption, adoptive placement, or any other permanent physical placement of a child
Advertise that the person will place a child for adoption or in any other permanent physical placement
This section does not apply to any of the following:
The Department of Children and Families or a child welfare agency
An individual or agency providing adoption information • A foster care and adoption resource center
An individual who has received a favorable recommendation regarding his or her fitness to be an adoptive parent in this State
No person may publish by a public medium an advertisement that violates this section. Nothing in this section prohibits an attorney licensed to practice in this State from advertising his or her availability to practice or provide services relating to the adoption of children.
Adoption Law in Wyoming
Advertising is Allowed
This issue of advertising adoption in this state is not addressed in the statutes reviewed.
Please be mindful that presenting you with this information should not be considered legal advice. Please meet with a qualified adoption attorney to discuss the options available for your state.
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