MyFertilityGuide

Adoption laws vary in every state and country, but especially in the case of domestic adoption, most laws address the same principles and requirements. These include legal necessity, agency preference, and birth parent preference but also include your own limitations as far as age of the child, financial obligations, gender, et cetera. The issues of advertising for adoption and the use of non-licensed adoption facilitators are two issues covered in most state bylaws.

Adoption Laws and Advertising

Advertising is one way for birth parents to locate a prospective family who would be willing and able to adopt their child. It’s also a way for hopeful parents to find someone who would like to place their child up for adoption. Unfortunately, this has been exploited in the past, resulting in child trafficking and other unlawful transactions. Because of this, the act of advertising for adoption purposes is heavily regulated in 26 states. This includes the use of any medium including print, radio, television, flyers, billboards and online by birth parents seeking adoptive parents for their baby or prospective parents looking for a child to adopt.

In some states—Alabama and Kentucky, for example—no advertising of any kind in relation to adoption is allowed. Twelve states have outlawed advertising for adoption purposes by anyone other than licensed adoption agencies or state agencies. Virginia is especially specific, barring any entity from even advertising referral services for adoption purposes.

Some states are more lenient, however. Connecticut allows both birth parents and prospective parents to advertise. Eight more states allow licensed agencies to advertise adoption services. Florida includes family law attorneys in that group, while Louisiana adds crisis pregnancy centers and Nebraska allows birth parents to join them. Most states are very specific and these laws may reach across state lines if the adoptive parents and birth parents live in different states.

Adoption Laws and Unlicensed Facilitators

Though it is legal in every state to place a child up for adoption and to adopt, some states require that this only happen through the agency of a licensed adoption facilitator. Private adoptions are also allowed, meaning the birth parents and adoptive parents come to an adoption agreement without the assistance of a licensed or state adoption agency. It is these private or independent adoptions that are heavily regulated in many states.

Specifically, many states do not allow unlicensed intermediaries to unite birth parents and adoptive parents in order to avoid child exploitation and trafficking. For example, Delaware and Kansas do not allow any unlicensed adoption agencies or intermediaries to facilitate an adoption. Other states are very specific in which unlicensed facilitators may place children for adoption and under what circumstances.

State Adoption Laws

• Alabama - Code of Alabama 1975, Sections 26-10A-1 to 26-10A-38
• Alaska - Alaska Statutes (1999), Sections 18.50.500; 18.50.510 and 25.23.005 to 25.23.240
• Arizona – Arizona Revised Statutes, Chapter 1, Article 1, Sections 8-101 to 8-135; 8-141 to 8-145; 8-161 to 8-166; 8-171 to 8-173
• Arkansas – Arkansas Code of 1987, Sections 9-9-101 to 9-9-103; 9-9-201 to 9-9-224; 9-9-301 to 9-9-303; 9-9-401 to 9-9-412; 9-9-501 to 9-9-508
• California – California General Laws, Family Law Code Sections 8500 to 8548; 8600 to 9206; 9300 to 9340
• Colorado – Colorado Revised Statutes (1999), Sections 19-5-200.2 to 19-5-216; 19-5-301 to 19-5-306; 19-5-402 to 19-5-403 and 25-2-113.5
• Connecticut – General Statutes of Connecticut (1998), Sections 45a-706 to 45a-770
• Delaware - Delaware Code, Title 13, Sections 901 to 932; 961 to 965
• District of Columbia – District of Columbia Code (1999), Title 16 Particular Actions, Proceedings and Matters, Chapter 3, Sections 16-301 to 16-315
• Florida – Florida Statutes (1998), Sections 63.012 to 63.301
• Georgia – Georgia Code, Sections 19-8-1 to 19-8-26
• Hawaii – Hawaii Revised Statutes, Sections 578-1 to 578-17
• Idaho – Idaho Statutes, Sections 16-1501 to 16-1515 and 39-258 to 39-259A
• Illinois – Illinois Compiled Statutes (1998), 750, 50/0.01 to 750, 50/24
• Indiana – Indiana Code (1998), Sections 31-19-1-1 to 31-19-29-6
• Iowa – Iowa Code (1998), Sections 600.1 to 600.25
• Kansas – Kansas Statutes (1998), Sections 59-2111 to 59-2144
• Kentucky – Kentucky Revised Statutes (1998), Sections 199.470 to 199.590
• Louisiana – Louisiana Revised Statues, Sections 40:72 to 40:79; Ch.C. Title XII, art. 1167 to 1278
• Maine – Maine Revised Statutes (1999), Title 18-A, Sections 9-101 to 9-108; 9-201 to 9-205; 9-301 to 9-315; 9-401 to 9-404; Title 22, Sections 2706-A; 2765; 4171 to 4176; 8201 to 8206
• Maryland – Maryland Statutes (1999) Family Law, Sections 5-301 to 5-330; 5-401 to 5-415; 5-4A-01 to 5-4A-08; 5-4B-01 to 5-4B-12; 5-4C-01 to 5-4C-07
• Massachusetts – Massachusetts General Laws (1998), Chapter 210, Sections 1 to 11A
• Michigan – Michigan Compiled Laws (1999), Sections 710.21 to 710.70; 722.954b to 722.960
• Minnesota – Minnesota Statutes (1999), Sections 259.20 to 259.89
• Mississippi – Mississippi Code of 1972 (1999), Sections 93-17-1 to 93-17-223
• Missouri – Missouri Revised Statutes, Chapter 453, Sections 453.005 to 453.503
• Montana – Montana Code Annotated 1999, Sections 42-1-101 to 42-8-108; 42-10-101 to 42-10-128
• Nebraska – Nebraska Revised Statutes, Sections 43-101 to 43-165
• Nevada – Nevada Revised Statutes (1999), Sections 127.003 to 127.186; 127.220 to 127.420
• New Hampshire – New Hampshire Revised Statutes (1999), Sections 170-B:1 to 170-B:26
• New Jersey – New Jersey Revised Statutes (1999), Sections 9:3-38 to 9:3-55
• New Mexico – New Mexico Statutes (1999), Sections 32A-5-1 to 32A-5-45
• New York – New York State Consolidated Laws, Domestic Relations Chapter 14, Article 7, Title 1-4; Social Services Chapter 55, Article 6, Title 1, Sections 372-374a; Public Health Chapter 45, Article 41, Title 3, Section 4138
• North Carolina – North Carolina General Statutes (1999), Sections 48-1-100 to 48-4-105; 48-6-100 to 48-6-102; 48-9-101 to 48-10-105
• North Dakota – North Dakota Century Code (1999), Sections 14-15-01 to 14-15-23
• Ohio – Ohio Revised Code (1999), Sections 3107.01 to 3107.99
• Oklahoma – Oklahoma Statutes Annotated (1999), Title 10, Sections 7501-1.1 to 7506-1.2; 7509-1.1 to 7510-3.3
• Oregon – Oregon Revised Statutes (1999), Sections 109.304 to 109.507; 432.425 to 432.420
• Pennsylvania – Pennsylvania Consolidated Statutes (1999), Title 23, Sections 2101 to 2910
• Rhode Island – General Laws of Rhode Island (1999), Sections 15-7-2 to 15-7-26; 15-7.1-1 to 15-7.1-4; 15-7.2-1 to 15-7.2-15
• South Carolina – Code of Laws of South Carolina (1999), Sections 20-7-1650 to 20-7-1897
• South Dakota – South Dakota Codified Laws, Sections 25-6-1 to 25-6-23; 25-6A-1 to 25-6A-14
• Tennessee – Tennessee Code (1999), Sections 36-1-102 to 36-1-305
• Texas – Texas Family Code (1999), Sections 162.001 to 162.025; 162.101 to 162.107; 162.201 to 162.206; 162.301 to 162.309; 162.401 to 162.422
• Utah – Utah Code Annotated, Sections 78-30-1 to 78-30-19
• Vermont – Vermont Statutes (1999), Title 15A, Sections 1-101 to 4-113; 6-102 to 7-105
• Virginia – Code of Virginia (1999), Sections 63.1-219.7 to 63.1-238.01
• Washington – Revised Code of Washington, Sections 26.33.020 to 26.33.901; 26.34.010 to 26.34.080
• West Virginia – West Virginia Code (1999), Sections 48-4A-1 to 48-4A-8 and 48-4-1 to 48-4-16
• Wisconsin – Wisconsin Statutes (1999), Sections 48.40 to 48.975
• Wyoming – Wyoming Statutes (1999), Sections 1-22-101 to 1-22-203