Child Welfare Information Gateway

Children’s Bureau/ACYF

1250 Maryland Avenue, SW

Eighth Floor

Washington, DC 20024

800.394.3366

Email: info@childwelfare.gov

http://www.childwelfare.gov

STATE 

STATUTES

Current Through 

April 2012

Use of Advertising 

and Facilitators in 

Adoptive Placements

To find statute information for a 

particular State, go to 

http://www.childwelfare.gov/

systemwide/laws_policies/state

Some people choose to adopt and some birth 

parents choose to place their children for adoption 

without the involvement of an agency. These 

placements are known as private placements or 

independent adoptions. Private placement is often 

preferred by people who want to adopt newborn 

infants domestically and utilize the services of an 

attorney or adoption services provider or manage 

the process more on their own. 

The challenge for prospective adoptive parents 

in a private placement is locating a child who 

is appropriate for their family or finding birth 

parents seeking to place their child for adoption. 

Some parents choose to advertise their interest in 

adopting, while others may choose to utilize the 

services of adoption facilitators or intermediaries. 
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Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/advertising.cfm

In an effort to protect the interests of all parties, especially 

children, many States have enacted laws that either prohibit or 

regulate the use of advertising or facilitators for private adoptive 

placements.

Use of 

Advertising

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. Public 

media include newspapers, periodicals, radio, television, 

telephone book listings, the Internet, billboards, or print fliers. 

Approximately 30 States currently have laws that in some way 

limit or regulate the use of advertising in adoptive placement.1

States That Permit Adoption Advertising

Connecticut specifically allows advertising by birth parents and 

prospective adoptive parents only. An additional 13 States 

allow advertising by agencies and other entities including 

attorneys (Florida, Indiana, Mississippi, Tennessee), physicians 

(Mississippi), crisis pregnancy centers (Louisiana), birth parents 

(Illinois, Nebraska), facilitators (North Carolina), prospective 

adoptive parents (Illinois, Kansas), and those prospective 

adoptive parents with approved preplacement assessments or 

home studies (North Carolina, Oklahoma, Oregon, Washington, 

and Wisconsin).2

 Georgia allows the use of public advertising 

by agencies only; individuals including birth parents and 

prospective adoptive parents may exchange information by 

private means only, such as letters or telephone calls.

States That Prohibit Adoption Advertising

Two States (Alabama and Kentucky) prohibit any use of 

advertising by any person or entity. Another 11 States prohibit 

advertising by any person or entity other than the State social 

1	 The word approximately is used to stress the fact that States frequently amend their

laws. This information is current through April 2012. The 30 States include Alabama,

California, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Kansas,

Kentucky, Louisiana, Maine, Massachusetts, Mississippi, Montana, Nebraska, Nevada,

New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Tennessee,

Texas, Utah, Virginia, Washington, and Wisconsin.

2	 For more information about preplacement assessments, see Child Welfare Information

Gateway’s The Adoption Home Study Process: http://www.childwelfare.gov/pubs/

f_homstu.cfm
Use of Advertising and Facilitators in Adoptive Placements http://www.childwelfare.gov

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Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/advertising.cfm

services department or a licensed agency.3 Utah specifically 

prohibits advertising by attorneys, physicians, or other persons. 

In Virginia, no person or agency may advertise to perform 

any adoption-related activity that is prohibited by State law; 

physicians, attorneys, and members of clergy are not allowed 

to charge a fee for recommending an adoptive placement nor 

advertise that they are available to make such recommendations, 

as that also is prohibited by law.4

 North Dakota law specifically 

prohibits advertising by hospitals providing maternity care or by 

maternity homes. 

Use of 

Facilitators or 

Intermediaries

In an independent or private placement adoption, a person or 

organization will often act as an intermediary or facilitator to 

match or bring together prospective adoptive parent/parents 

with a birth mother/birth parents wishing to place a child. An 

intermediary or adoption facilitator is any person or entity that 

is not an approved or licensed agency that acts on behalf of any 

birth parent or prospective adoptive parent in connection with 

the placement of a child for adoption. In an effort to ensure that 

no intermediary or member of the birth family profits from the 

placement of a child, approximately 41 States, the District of 

Columbia, and American Samoa have laws that regulate or affect 

the use of intermediaries or facilitators.5

States That Prohibit the Use of Facilitators

Two States (Delaware and Kansas) strictly prohibit any use of 

facilitators or intermediaries. Eight States prohibit their use by 

restricting the placement of children to licensed agencies only.6

Nebraska limits the placement of children to either an agency 

or a member of the child’s birth family. Minnesota and Nevada 

3	 California, Delaware, Idaho, Maine, Massachusetts, Montana, Nevada, New Hampshire,

North Dakota, Ohio, and Texas.

4	 Virginia law prohibits payment for making an adoptive placement, except as

compensation for specific services such as agency fees, medical or legal expenses, or

other reasonable expenses connected with the adoption process.

5	 Alabama, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia,

Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan,

Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico,

New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South

Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West

Virginia, and Wisconsin.

6	 Georgia, Illinois, Massachusetts, Montana, New Mexico, North Dakota, Oregon, and

Wisconsin.
Use of Advertising and Facilitators in Adoptive Placements http://www.childwelfare.gov

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restrict the placement to a parent, legal guardian, or agency. 

The District of Columbia and New York limit the placement 

to an agency, parent, legal guardian, or birth relative. Arizona 

and Ohio restrict the placement to an agency or an attorney. 

Oklahoma limits the placement to an agency, family member, or 

attorney.

States That Regulate the Activities of Facilitators

Fifteen States and American Samoa regulate the activities 

of intermediaries by limiting the compensation that they are 

allowed to receive.7

 It is illegal for these persons or agencies 

to receive any payment for the placement of the child; 

reimbursement for actual medical or legal services is the only 

payment that they are allowed to receive. Nine States allow the 

use of adoption facilitators but detail in statute the activities they 

are permitted to perform or the services they are required to 

offer.8

 These requirements may include:

• Providing written information about the adoption process to 

all parties (California, Florida, Michigan, and Washington) 

• Providing to the adopting parent any available background 

information about the child’s birth parent (California, 

Michigan, and Pennsylvania) 

• Making sure that the adopting parents have completed 

home studies that have been approved (New Jersey and 

Pennsylvania) 

• Reporting to the court all fees and expenses paid (California, 

Florida, and Pennsylvania)

• Providing to the adopting parent information about the 

background of the child, to the extent available (Florida, 

Pennsylvania) 

In Florida, where adoption facilitators are frequently attorneys, 

the law requires facilitators to obtain all necessary consents, file 

petitions and affidavits, and serve notices of hearings. In North 

Carolina and Vermont, the law explicitly states that a parent 

or guardian must personally select a prospective adoptive 

7	 Alabama, Colorado, Connecticut, Kentucky, Louisiana, Maryland, Mississippi, Missouri,

South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and West Virginia.

8	 California, Florida, Indiana, Michigan, New Jersey, North Carolina, Pennsylvania,

Vermont, and Washington.
Use of Advertising and Facilitators in Adoptive Placements http://www.childwelfare.gov

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Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/advertising.cfm

parent; the role of a facilitator is limited to either assisting the 

birth parent in evaluating that choice or assisting a prospective 

adoptive parent in locating a child who is available for adoption.

This publication is a product of the State Statutes Series 

prepared by Child Welfare Information Gateway in 

cooperation with the National Center for Adoption Law and 

Policy. While every attempt has been made to be complete, 

additional information on these topics may be in other 

sections of a State’s code as well as agency regulations, case 

law, and informal practices and procedures. 

Suggested Citation:

Child Welfare Information Gateway. (2012). Use of advertising 

and facilitators in adoptive placements. Washington, DC: U.S. 

Department of Health and Human Services, Children’s Bureau.
Use of Advertising and Facilitators in Adoptive Placements http://www.childwelfare.gov

6 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information 

Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/advertising.cfm

Alabama

Use of Advertisement

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 in violation of § 26-10A-34. 

Use of Intermediaries/Facilitators

Citation: Ala. Code §§ 26-10A-22; 26-10A-34

In making adoption arrangements, potential adopting parents and birth parents may obtain counsel to provide legal 

advice and assistance. 

However, it shall be unlawful for any person or agency to offer to receive payment for placing, assisting, or arranging a 

minor placement. 

Legitimate medical, legal, prenatal, necessary living expenses or other professional services for the birth mother are 

allowed. 

This section is not intended to cover surrogate motherhood. 

Alaska

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

This issue is not addressed in the statutes reviewed. 

American Samoa

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

Citation: Ann. Code § 45.0430

No person may offer, give, charge, or receive any money or other consideration or other thing of value in connection with 

the consent to adoption or with the petition for adoption except attorney’s fees relative to the adoption proceedings and 

the charges and fees as may be approved by the court. 

Arizona

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

Citation: Rev. Stat. §§ 8-130; 8-114; 8-134

Except as provided below, a person shall not do any of the following unless the person is employed or engaged by and 

acting on behalf of a licensed adoption agency:

• Solicit or accept employment or engagement, for compensation, by or on behalf of a parent or guardian for 

assistance in the placement of a child for adoption

• Solicit or accept employment or engagement, for compensation, by or on behalf of any person to locate or obtain 

a child for adoption
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An attorney licensed to practice law in this State may assist and participate in direct placement adoptions and may 

receive compensation to the extent the court finds reasonable if the person granting consent to the adoption has chosen 

a specific adopting parent without prior involvement of the attorney or if the choice is made only from among persons 

currently certified by the court as acceptable to adopt children.

Before a petition to adopt is granted, an attorney participating or assisting in the direct placement or adoption shall file 

an affidavit stating that there has been compliance with the above requirements.

An attorney may be paid for the attorney’s services in connection with the adoption only the amount the court approves 

as being reasonable and necessary. 

Arkansas

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

This issue is not addressed in the statutes reviewed. 

California

Use of Advertisement

Citation: Family Law § 8609(a)

No person or organization may advertise in any periodical or newspaper or by radio or other public medium that he, 

she, or it will place or provide children for adoption or cause any advertisement to be published in any public medium 

soliciting, requesting, or asking for any child or children for adoption, unless that person or organization is licensed to 

place children for adoption by the department. 

Use of Intermediaries/Facilitators

Citation: Family Law §§ 8623 through 8638

An adoption facilitator is a person or organization not licensed as an adoption agency that charges a fee for rendering 

services related to an adoption or that advertises for the purpose of soliciting parties to an adoption, locating children for 

an adoption, or acting as an intermediary to an adoption.

Requirements for adoption facilitators include:

• Any advertising must disclose the identity of the facilitator and make clear that it is not an adoption agency.

• Parties must be provided a description of services.

• Any written contract must be verbally explained to the prospective adoptive parents and the birth parents.

• Adopting parents must be given in writing all information provided by the birth parents about the child.

• Fees and expenses paid must be reported to the court.

Colorado

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

Citation: Rev. Stat. § 19-5-213

No person--other than an adoption exchange whose membership includes county departments and child placement 

agencies, a licensed child placement agency, or a county department--shall offer, give, charge, or receive any money or 

other consideration or thing of value in connection with locating or identifying for purposes of adoption any child, natural 

parent, expectant natural parent, or prospective adoptive parent.

Physicians and attorneys may charge reasonable fees for professional services customarily performed by such persons. 
Use of Advertising and Facilitators in Adoptive Placements http://www.childwelfare.gov

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Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/advertising.cfm

Connecticut

Use of Advertisement

Citation: Ann. Stat. § 45a-728d

Any birth parent may advertise through any public media in this State for the placement of his or her child for the 

purpose of adoption.

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. 

Use of Intermediaries/Facilitators

Citation: Ann. Stat. § 53-21

Any person who permanently transfers the legal or physical custody of a child younger than age 16 to another person 

for money or other valuable consideration, or acquires or receives the legal or physical custody of a child younger than 

age 16 from another person upon payment of money or other valuable consideration to such other person or a third 

person, except in connection with an adoption proceeding that complies with the provisions of chapter 803, shall be 

guilty of a felony. 

Delaware

Use of Advertisement

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 

regarding the availability of adoption services or for the placement of a child for the purpose of adoption. 

Use of Intermediaries/Facilitators

Citation: Ann. Code Tit. 13, §§ 904; 906; 928

No placement for an identified adoption in which an intermediary has been involved shall be approved. All petitions for 

adoption shall have attached an affidavit attesting that no intermediary assisted in locating the child.

No person or organization that is in any way connected with an adoption shall receive any remuneration in connection 

therewith, except for court costs and legal services; provided, however, that the department, licensed agency, or 

authorized agency may charge a service fee for each adoption in an amount not exceeding the cost of services rendered, 

to be paid by the adopting parent(s). 

District of Columbia

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

Citation: Ann. Code § 4-1405(a)

No person other than the parent, guardian, or relative within the third degree, and no firm, corporation, association, 

or agency other than a licensed child-placing agency may place or arrange or assist in placing or arranging for the 

placement of a child under age 16 in a family home or for adoption. 

Florida

Use of Advertisement

Citation: Ann. Stat. § 63.212(1)(g)

It is unlawful for any person, except an adoption entity, to advertise or offer to the public, in any way, by any medium 

whatever, that a minor is available for adoption or that a minor is sought for adoption; it is unlawful for any person to 

publish or broadcast any such advertisement without including the Florida license number of the agency or attorney 

placing the advertisement. 
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Use of Intermediaries/Facilitators

Citation: Ann. Stat. §§ 63.032; 63.039; 63.085; 63.212(c), (f)

An intermediary is an attorney acting as an adoption entity who places a child for adoption. An adoption entity has an 

affirmative duty to: 

• Make full disclosure of all State law requirements for adoption 

• Obtain necessary consents

• File necessary petitions and affidavits 

• Serve notices of hearings

• Report to the court all expenses paid

The adoption entity must provide the prospective adoptive parents with information concerning the background of 

the child to the extent such information is disclosed to the adoption entity by the parents, legal custodian, or the 

department.

It is unlawful for any person, except an adoption entity, to charge or accept any fee or compensation of any nature from 

anyone for making a referral in connection with an adoption.

It is unlawful for any person to sell or surrender or to arrange for the sale or surrender of a minor to another person for 

money or anything of value or to receive such minor child for such payment or thing of value. 

Georgia

Use of Advertisement

Citation: Ann. Code § 19-8-24(a)(!), (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 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. 

Use of Intermediaries/Facilitators

Citation: Ann. Code § 19-8-24(a)(2), (b)

It shall be unlawful for any person, organization, corporation, hospital, or association of any kind that has not been 

established as a child-placing agency by the department to directly or indirectly hold out inducements, including any 

financial assistance except medical expenses, to parents to part with their children.

It shall be unlawful for any person to sell, offer to sell, or conspire with another to sell or offer to sell, a child for money or 

anything of value, except as otherwise provided in this chapter. 

Guam

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

This issue is not addressed in the statutes reviewed. 
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Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/advertising.cfm

Hawaii

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

This issue is not addressed in the statutes reviewed. 

Idaho

Use of Advertisement

Citation: Ann. Code § 18-1512A

No person or entity shall publish or broadcast on radio or television an advertisement or notice of a child or children 

offered or wanted for adoption, or claim through such advertisement to have the ability to place, locate, dispose, 

or receive a child or children for adoption, unless the person or entity is a duly authorized agent or employee of the 

Department of Health and Welfare or an institution licensed by the department to care for and place children.

This section is not intended to prohibit:

• A licensed attorney from advertising his or her ability to practice or provide services related to the adoption of 

children

• Physicians and other health-care providers from assisting or providing natural and adoptive parents with medical 

care necessary to initiate and complete adoptive placements

Use of Intermediaries/Facilitators

This issue is not addressed in the statutes reviewed. 

Illinois

Use of Advertisement

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 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

Use of Intermediaries/Facilitators

Citation: Cons. Stat. Tit. 720, § 525/1

No person or agency, association, corporation, institution, society, or other organization except a child welfare agency 

shall request, receive, or accept any compensation or thing of value, directly or indirectly, for providing adoption services 

as defined in Tit. 225, § 10/2.24. 
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11 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information 

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Indiana

Use of Advertisement

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. 

Use of Intermediaries/Facilitators

Citation: Ann. Code § 35-46-1-22 

A person who knowingly or intentionally provides, engages in, or facilitates adoption services to a birth parent or 

prospective adoptive parent who resides in Indiana commits unauthorized adoption facilitation, a misdemeanor.

‘Adoption services’ means at least one of the following services that is provided for compensation, either directly or 

indirectly, and provided either before or after the services are rendered:

• Arranging for the placement of a child

• Identifying a child for adoption

• Matching adoptive parents with birth parents

• Arranging or facilitating an adoption

• Taking or acknowledging consents or surrenders for termination of parental rights for adoption purposes

• Performing background studies on the adoptive child or adoptive parents

• Making determinations about the best interests of a child and the appropriateness in placing the child for 

adoption

• Postplacement monitoring of a child before the adoption is finalized

The term ‘adoption services’ does not include:

• Legal services provided by an Indiana-licensed attorney

• Adoption-related services provided by a government entity or by a person appointed to perform an investigation 

by the court

• General education and training on adoption issues

• Postadoption services, including supportive services to families to promote the well-being of members of 

adoptive families or birth families

This section does not apply to the following:

• The Department of Child Services, an agency or person authorized to act on behalf of the department, or a similar 

agency in another State

• The Division of Family Resources, an agency or person authorized to act on behalf of the division, or a similar 

agency in another State

• A child-placing agency licensed under the laws of Indiana or another State

• An attorney licensed to practice law in Indiana or another State

• A birth parent or prospective adoptive parent acting on his or her own behalf

Iowa

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

This issue is not addressed in the statutes reviewed. 
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Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/advertising.cfm

Kansas

Use of Advertisement

Citation: Ann. Stat. § 59-2123(a)(1), (b)-(c)

No person shall advertise that such person will adopt, find an adoptive home for a child, or otherwise place a child for 

adoption. This provision shall not apply to a licensed child-placing agency.

Any person who advertises that he or she 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. 

As used in this section, ‘advertise’ means to communicate by newspaper, radio, television, handbills, placards or other 

print, broadcast, telephone directory, or electronic medium.

The above provisions shall not apply to the Department of Social and Rehabilitation Services or to an individual seeking 

to adopt a child. 

Use of Intermediaries/Facilitators

Citation: Ann. Stat. § 59-2123(a)(2)-(3)

No person shall offer to adopt, find a home for, or otherwise place a child as an inducement to a woman to come to such 

person’s maternity center during pregnancy or after delivery.

No person shall offer to adopt, find a home for, or otherwise place a child as an inducement to any parent, guardian, or 

custodian of a child to place such a child in such person’s home, institution, or establishment. 

Kentucky

Use of Advertisement

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. 

Use of Intermediaries/Facilitators

Citation: Rev. Stat. § 199.590(3), (5)

No person, association, or organization, other than the Cabinet for Health and Family Services or a child-placing 

institution or agency, shall place a child or act as intermediary in the placement of a child for adoption or otherwise, 

except in the home of a stepparent, grandparent, sister, brother, aunt, or uncle, or upon written approval of the Secretary.

A person, organization, group, agency, or any legal entity, except a child-placing agency, shall not accept any fee for 

bringing the adoptive parents together with the child to be adopted or the biological parents of the child to be adopted. 

This section shall not interfere with the legitimate practice of law by an attorney. 

Louisiana

Use of Advertisement

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. 
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Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/advertising.cfm

Use of Intermediaries/Facilitators

Citation: Rev. Stat. § 14:286(B)-(C)

The payment or receipt of anything of value for the procurement or assistance in the procurement of a party to an act 

of voluntary surrender of a child for adoption is prohibited. No petitioner, agency, attorney, or other intermediary shall 

make any payment in connection with an adoptive placement other than for reasonable medical, administrative, living, 

or other expenses. 

Maine

Use of Advertisement

Citation: Rev. Stat. Tit. 18-A, § 9-313

Advertising for adoption services or soliciting adoptions is prohibited, except licensed child-placing agencies may 

advertise in accordance with rules adopted by the department. 

Use of Intermediaries/Facilitators

This issue is not addressed in the statutes reviewed. 

Maryland

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

Citation: Fam. Law §§ 5-362; 5-3A-45; 5-3B-32

Except as otherwise provided by law, a person may not charge or receive, from or for a parent or prospective adoptive 

parent, any compensation for a service in connection with:

• Placement of an individual to live with a preadoptive family

• An agreement for custody in contemplation of adoption

This section does not prohibit payment by an interested person of a reasonable and customary charge or fee for 

adoption counseling, hospital, legal, or medical services. 

Massachusetts

Use of Advertisement

Citation: Ann. Laws Ch. 119, § 391/2; Ch. 28A, § 14

The Department of Children and Families shall develop and implement a public information program to inform the 

general public of voluntary placements of newborn infants, teen pregnancy prevention programs, and adoption 

information. The program may include, but not be limited to, educational and informational materials in print, audio, 

video, electronic, and other media; public service announcements and advertisements; and the establishment of a tollfree hotline.

No person shall cause to be published in a newspaper or to be broadcast on a radio or television station in the 

Commonwealth an advertisement or notice for the placement or reception of a child under age 16 for adoption unless 

such advertisement is placed by a licensed or approved placement agency or with the written approval of the office. 

Such advertisement or notice shall include the license or registration number issued to the provider or agency pursuant 

to § 10. 
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Use of Intermediaries/Facilitators

Citation: Ann. Laws Ch. 15D, § 6

No person shall place or knowingly facilitate the placement of any child in the care or control of any other person not 

related to such child by blood or marriage, or in the care or control of any organization other than a licensed or approved 

placement agency, for purposes of adoption.

No person unrelated to such child by blood or marriage, and no organization other than a licensed or approved placement 

agency, shall receive such a child for purposes of adoption, except from a licensed or approved placement agency. 

Michigan

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

Citation: Comp. Laws §§ 722.124b(c)-(d); 722.956

The following terms are defined as follows:

• Adoption facilitator: a child-placing agency or an adoption attorney who assists birth parents or prospective 

adoptive parents with adoptions. 

• Primary adoption facilitator: the adoption facilitator who files the court documents on behalf of the prospective 

adoptive parent. 

An adoption facilitator shall:

• Provide services related to adoption, including postadoption services

• Provide each person who inquires about services with the pamphlet prepared by the Department of Human 

Services describing the adoption process

• Provide to each person who inquires about services a written document that includes the following information:

» The types of adoptions the adoption facilitator handles

» The services that the adoption facilitator provides

» Eligibility requirements the adoption facilitator has for adoptive families, if any

» If the facilitator is a child-placing agency, the procedure used for selecting a prospective adoptive parent for a 

child, including the role of the child’s parent(s) in the selection process

» The extent to which the facilitator permits or encourages the exchange of identifying information or contact 

between birth and adoptive parents

» A schedule of all fees

• Insure that each prospective adoptive parent completes an orientation program consistent with requirements 

developed by the department

• Disclose to the prospective adoptive parent all known information about the child’s medical and psychological 

needs

Minnesota

Use of Advertisement

This issue is not addressed in the statutes reviewed. 
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Use of Intermediaries/Facilitators

Citation: Ann. Stat. §§ 259.21; 259.47; 259.55, Subd. 3; 260.93

It is unlawful for a person, other than the commissioner or an agency, knowingly to engage in placement activities 

without being licensed by the commissioner, except for the placement of a child by a birth parent or legal guardian in a 

preadoptive home. Placement activities include:

• Placement

• Arranging or providing short-term foster care pending an adoptive placement

• Facilitating placement by maintaining a list in any form of birth parents or prospective adoptive parents

• Collecting health and social histories of a birth family

• Conducting an adoption study

• Witnessing consents to an adoption

It is unlawful for any person to give money or anything of value to the birth parent of a child if the person is engaged or 

has engaged in any placement activity in connection with the adoption of the child.

A private child-placing agency is any private corporation, agency, foundation, institution, or charitable organization, 

or any private person or attorney, that facilitates, causes, or is involved in the placement of a child from one State to 

another and is not an instrumentality of the State or acting under State law. 

Mississippi

Use of Advertisement

Citation: Ann. Code § 43-15-117 

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. 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.

Nothing in this section precludes payment of reasonable medical, legal, or other lawful services fees, and for the legal 

proceedings related to lawful adoption proceedings; and no provision of this section abrogates the right of procedures 

for independent adoption as provided by law. 

Use of Intermediaries/Facilitators

Citation: Ann. Code § 43-15-117

Except as provided in this article, 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.

An attorney, physician, or other person may assist a parent in identifying or locating a person interested in adopting the 

parent’s child, or in identifying or locating a child to be adopted. However, no payment, charge, fee, reimbursement of 

expense, or exchange of value of any kind, or promise or agreement to make the same, may be made for that assistance.

Nothing in this section precludes payment of reasonable fees for medical, legal, or other lawful services rendered in 

connection with the care of a mother, or delivery and care of a child, including, but not limited to, the mother’s living 

expenses or counseling for the parents and/or the child, and for the legal proceedings related to lawful adoption 

proceedings. 

Missouri

Use of Advertisement

This issue is not addressed in the statutes reviewed. 
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Use of Intermediaries/Facilitators

Citation: Ann. Stat. §§ 568.175; 453.014

A person, agency, or other organization commits the crime of trafficking in children if he, she, or it offers, gives, receives, 

or solicits any money, consideration, or other thing of value for the delivery or offer of a child for adoption, or for the 

execution of a consent to future adoption. A crime is not committed under this section if the money, consideration, or 

thing of value or conduct is permitted under chapter 453, relating to adoption.

An intermediary, including a licensed attorney, a licensed physician, or a clergyman of the parents, may place a minor 

for adoption. The intermediary shall comply with the rules and regulations promulgated by the Department of Social 

Services and the Department of Health and Senior Services for such placement. 

Montana

Use of Advertisement

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. 

Use of Intermediaries/Facilitators

Citation: Ann. Code §§ 42-7-105(1)(b); 52-8-101

No person, other than the department or a licensed child-placing agency, may engage in placement activities. Placement 

activities include:

• Placement of a child for adoption or foster care 

• Arranging or providing short-term foster care for a child pending an adoptive placement

• Facilitating placement of a child by maintaining a list, in any form, of birth parents or prospective adoptive or 

foster parents

Nebraska

Use of Advertisement

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. 

Use of Intermediaries/Facilitators

Citation: Rev. Stat. § 43-701

Except as otherwise provided in the Nebraska Indian Child Welfare Act, no person, other than a parent, shall place, assist 

in placing, or give the care and custody of any child to any person or association for adoption or otherwise, 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. 
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Nevada

Use of Advertisement

Citation: Rev. Stat. §§ 127.283; 127.310

An agency that provides child welfare services or any child-placing agency may publish in any newspaper published 

in this State or broadcast by television a photograph or any relevant personal information concerning any child who is 

difficult to place for adoption. 

A child-placing agency shall not publish or broadcast:

• Any personal information that reveals the identity of the child or his parents 

• A photograph or personal information of a child without the prior approval of the agency having actual custody of 

the child

No person or organization other than an agency that provides child welfare services may advertise in any periodical or 

newspaper or by radio or other public medium that he or she will place children for adoption or accept, supply, provide, 

or obtain children for adoption or cause any advertisement to be published soliciting, requesting, or asking for any child 

for adoption, unless he or she holds a valid license to place children for adoption. 

A child-placing agency shall include in any advertisement concerning its services published in any periodical or 

newspaper or by radio or other public medium a statement that: 

• Confirms that the child-placing agency holds a valid, unrevoked license issued by the division

• Indicates any license number issued to the child-placing agency by the division

Use of Intermediaries/Facilitators

Citation: Rev. Stat. §§ 127.240; 127.290(1); 127.285(1)

Except as otherwise provided in this section, no person may place, arrange the placement of, or assist in placing or 

in arranging the placement of any child for adoption or permanent free care without securing and having in full force 

a license to operate a child-placing agency. This subsection applies to agents, servants, physicians, and attorneys of 

parents or guardians, as well as to other persons. 

This section does not prohibit a parent or guardian from placing, arranging the placement of, or assisting in placing or in 

arranging the placement of any child for adoption or permanent free care. 

This section does not prohibit an agency that provides child welfare services from placing, arranging the placement of, or 

assisting in placing or arranging the placement of any child for adoption or permanent free care. 

This section does not prohibit a person, including a person acting in his or her professional capacity, from sharing 

information regarding an adoption if no money or other valuable consideration is paid.

Except as otherwise provided in §§ 127.275 and 127.285, no person who does not have in full force a license to operate 

a child-placing agency may request or accept, directly or indirectly, any compensation or thing of value for placing, 

arranging the placement of, or assisting in placing or arranging the placement of any child for adoption.

An attorney may not receive compensation for taking part in finding children for adoption or finding parents to adopt 

children. 

New Hampshire

Use of Advertisement

Citation: Rev. Stat. § 170-E:39

A child-placing agency licensed or operating under a permit issued by the department 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. 
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Use of Intermediaries/Facilitators

This issue is not addressed in the statutes reviewed. 

New Jersey

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

Citation: Ann. Stat. §§ 9:3-38(l); 9:3-39.1(a)(4)

An intermediary is any person or entity, which is not an approved agency, that acts for or between any birth parent and 

any prospective adoptive parent, on behalf of either in connection with the placement of a child for adoption.

An intermediary shall not receive money or other valuable consideration in connection with such placement. When 

placement is through an intermediary:

• The person with whom the child is placed shall have been approved for placement by an approved agency home 

study.

• The birth parent shall have been offered counseling.

• Written notice shall be given to the birth parent.

• A decision by the birth parent not to place the child cannot be conditioned upon reimbursement of expenses paid 

by the adoptive parent.

New Mexico

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

Citation: Ann. Stat. § 32A-5-42(A)

No person, other than an agency, may select an adoptive family for a prospective adoptee or arrange for the selection.

The exchange of information between persons regarding the existence of a potential adoptee or adoptive family is not 

prohibited. 

New York

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

Citation: Soc. Serv. Law § 374(2)

No person, agency, association, corporation, institution, society, or other organization except an authorized agency shall 

place any child. This section shall not restrict or limit the right of a parent, legal guardian, or relative within the second 

degree to place out a child. 
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North Carolina

Use of Advertisement

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

Use of Intermediaries/Facilitators

Citation: Gen. Stat. §§ 48-10-102; 48-10-101; 48-1-101(3a); 48-3-202 

Except as provided in § 48-10-103, a person or entity may not pay or give, offer to pay or give, or request, receive, or 

accept any money or anything of value, directly or indirectly, for:

• The placement of a minor for adoption

• The consent of a parent, a guardian, or an agency to the adoption of a minor 

• The relinquishment of a minor to an agency for purposes of adoption

• Assisting a parent or guardian in locating or evaluating a potential adoptive parent or in transferring custody of a 

minor to the adoptive parent 

No one other than a parent, guardian, or agency may place a minor for adoption. No one other than a parent, guardian, 

agency, or an adoption facilitator may solicit potential adoptive parents for children in need of adoption. No one other 

than an agency or an adoption facilitator, or an individual with a completed preplacement assessment that contains 

a finding that the individual is suitable to be an adoptive parent or that individual’s immediate family, may solicit for 

adoption a potential adoptee.

An adoption facilitator is an individual or a nonprofit entity that assists birth parents in locating and evaluating 

prospective adoptive parents without charge. 

In a direct placement, a parent or guardian must personally select a prospective adoptive parent, but a parent or 

guardian may obtain assistance from another person or entity, or an adoption facilitator, in locating or evaluating a 

prospective adoptive parent. 

North Dakota

Use of Advertisement

Citation: Cent. Code §§ 23-16-08; 50-11-06; 50-19-11; 50-12-17

No hospital providing maternity care may in any way advertise that it will give children for adoption or hold itself out, 

directly or indirectly, as being able to dispose of children; however, such hospitals may inform an unmarried mother of 

child-placing agencies licensed by the Department of Human Services.

No facility licensed to provide foster care may advertise children for adoption or be held out, directly or indirectly, as 

being able to dispose of children, without first being licensed to do so under chapter 50-12.
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No licensed maternity home may in any way offer to advertise that it will give children for adoption or in any way offer 

to place a child or hold itself out, directly, or indirectly, as being able to place children for adoption but may inform a 

mother of licensed child-placing agencies. 

A person may not advertise, without a license from the Department of Human Services to do so, in any public medium 

(1) that the person knows of a child who is available for adoption; (2) that the person is willing to accept a child for 

adoption; or (3) that the person knows of prospective adoptive parents for a child. 

Use of Intermediaries/Facilitators

Citation: Cent. Code § 50-12-17

A person may not place or cause to be placed any child in a family home for adoption without a license to do so from 

the Department of Human Services, except that a parent, upon giving written notice to the department, may place his 

or her child in the home of the child’s parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or 

guardian for adoption by the person receiving the child. 

Northern Mariana Islands

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

This issue is not addressed in the statutes reviewed. 

Ohio

Use of Advertisement

Citation: Rev. Code § 5103.17

Subject to § 5103.16, no person or government entity, other than a private child-placing agency or private noncustodial 

agency certified by the department, or a public children services agency, shall advertise that the person or government 

entity will adopt children, place children in foster homes, hold out inducements to parents to part with their offspring, 

or in any manner knowingly become a party to the separation of a child from the child’s parents or guardians, except 

through a juvenile court or probate court commitment. 

Use of Intermediaries/Facilitators

Citation: Rev. Code § 3107.011(A)

A person seeking to adopt a minor shall utilize an agency or attorney to arrange the adoption. An attorney may not 

represent with regard to the adoption both the person seeking to adopt and the parent placing a child for adoption.

Any person may informally aid or promote an adoption by making a person seeking to adopt a minor aware of a minor 

who will be or is available for adoption. 

Oklahoma

Use of Advertisement

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
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Nothing in this section shall prohibit an attorney from the advertisement of legal services related to the adoption of 

children. Nothing in this section shall prohibit a person from advertising to solicit a pregnant woman to consider adoptive 

placement with the person or to locate a child for an adoptive placement into the person’s own home, provided that 

such person has received a favorable preplacement home study recommendation in accordance with § 7505-5.1 of Title 

10, and that no money or other thing of value is offered as an inducement to the adoption. 

Use of Intermediaries/Facilitators

Citation: Ann. Stat. Tit. 21, § 866(A)(1)(a)-(c)

The crime of trafficking in children includes:

• The acceptance, solicitation, offer, payment, or transfer of any compensation, in money, property, or other thing of 

value, at any time, by any person in connection with the adoption of a minor child, except as ordered by the court 

or as provided by law

• The acceptance or solicitation of any compensation by any person or organization for services performed, 

rendered, or purported to be performed to facilitate or assist in the adoption of a minor child, except by the 

department, a licensed child-placing agency, or an attorney

• Bringing or causing to be brought into the State any child for the purpose of placing such child for adoption and 

thereafter refusing to comply upon request with the Interstate Compact on the Placement of Children (ICPC)

The ICPC does not apply to the parent or guardian of the child nor to a person bringing the child into the State for 

adopting the child into such person’s own family. 

Oregon

Use of Advertisement

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

Nothing in this section prohibits an attorney licensed to practice in Oregon from advertising the attorney’s availability to 

provide services related to the adoption of children.

The word ‘advertise’ means to communicate by newspaper, radio, television, handbills, placards or other print, or 

broadcast or electronic media that originates with the State.

Use of Intermediaries/Facilitators

Citation: Rev. Stat. § 109.311(3)

A person may not charge, accept, pay, or offer to pay a fee for locating a minor child for adoption or for locating another 

person to adopt a minor child, except that Oregon licensed adoption agencies may charge reasonable fees for services 

provided by them. 

Pennsylvania

Use of Advertisement

This issue is not addressed in the statutes reviewed. 
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Use of Intermediaries/Facilitators

Citation: Cons. Stat. Tit. 23, §§ 2102; 2530; 2533

An intermediary is a person or agency acting between the parent or parents and proposed adoptive parent or parents in 

arranging an adoptive placement. No intermediary shall place a child with a prospective adoptive parent unless there is a 

favorable home study that has been completed within 3 years and supplemented within 1 year. 

If the home study has not been completed, the child may be placed with the prospective adoptive parent if the 

intermediary has no reason to believe that the parent would not receive a favorable recommendation, the agency 

conducting the home study assents to the interim placement, and the intermediary notifies the court.

Within 6 months of filing the report of intention to adopt, the intermediary shall make a written report, to include:

• Indepth background information about the child and the child’s birth parents

• Name and address of the intermediary

• An itemized accounting of moneys and considerations paid or to be received by the intermediary or any other 

person

Only the following payments to an intermediary are permitted:

• Reimbursement for medical and hospital expenses of the birth mother for prenatal care and hospital expenses of 

mother and child incident to the birth

• Medical, hospital, and foster care expenses of the child prior to adoption

• Reasonable expenses for counseling and training services provided to the adoptive parents, or for home studies 

or investigations

• Reasonable administrative expenses incurred by the agency, including overhead costs and attorney fees

Puerto Rico

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

This issue is not addressed in the statutes reviewed. 

Rhode Island

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

This issue is not addressed in the statutes reviewed. 

South Carolina

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

Citation: Ann. Laws §§ 63-9-30(5); 63-9-310(F); 63-9-710(A)(11)

A person or entity that offers services for compensation where the intent of those services is to arrange or secure 

adoptions must be considered ‘’facilitating the placement of children for adoption,’’ whether those services constitute 

counseling, referrals, searches, or any other form of adoption services. An attorney who represents a client in an 

adoption or who otherwise facilitates an adoption is exempt from this definition.
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Under no circumstances may a child-placing agency or any person receive any compensation for giving a consent or 

relinquishment of a child for the purpose of adoption, and no child-placing agency or person may receive a child for 

payment of any such compensation. However, reasonable and necessary costs may be assessed and payments made, 

subject to the court’s approval.

A petition for adoption shall specify the name and address of the child-placing agency or the person facilitating 

placement of the child for adoption, if any. 

South Dakota

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

Citation: Ann. Stat. § 25-6-4.2

Any person who offers, gives, or receives any money or other consideration or thing of value in connection with the 

placing of a child for adoption, or relating to the consent to adoption, or with the petition for adoption, except such 

charges as are approved by the court and fees charged by licensed agencies, is guilty of a felony. 

Tennessee

Use of Advertisement

Citation: Ann. Code § 36-1-108(a)(2)

Only a licensed child-placing agency, a licensed clinical social worker, 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

• 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

Any advertisement in this State for the placement of children for adoption in another State by an agency or individual not 

licensed or authorized to do such business in this State shall clearly state that the agency or individual is not licensed or 

authorized to do such business in this State. 

Use of Intermediaries/Facilitators

Citation: Ann. Code § 36-1-108(a)(1)

No person, corporation, agency, or other entity, except the department or a licensed child-placing agency or licensed 

clinical social worker, shall engage in the placement of children for adoption.

This section shall not be construed to prohibit any person from advising parents of a child or prospective adoptive parents 

in making necessary arrangements for adoption as long as no remuneration, fees, contributions, or things of value are given 

or received from any person or entity for such service other than usual and customary legal and medical fees. 
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Texas

Use of Advertisement

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. 

Use of Intermediaries/Facilitators

Citation: Penal Code §§ 25.08(a)-(b); 162.025

A person commits an offense if he or she:

• Has custody of a child younger than age 18 and offers to accept, agrees to accept, or accepts a thing of value for 

the delivery of the child to another for the purposes of adoption

• Offers to give, agrees to give, or gives a thing of value to another for acquiring a child for the purpose of adoption

It is an exception to the application of this section that the thing of value is:

• A fee or reimbursement paid to a child-placing agency as authorized by law

• A fee paid to an attorney, social worker, mental health professional, or physician for services rendered in the usual 

course of legal or medical practice or in providing adoption counseling

• A reimbursement of legal or medical expenses incurred by a person for the benefit of the child

• A necessary pregnancy-related expense paid by a child-placing agency for the benefit of the child’s parent during 

the pregnancy or after the birth of the child as permitted by the minimum standards for child-placing agencies

A person who is not the natural or adoptive parent of the child, the legal guardian of the child, or a licensed child-placing 

agency commits an offense if the person:

• Serves as an intermediary between a prospective adoptive parent and an expectant parent or parent of a minor 

child to identify the parties to each other

• Places a child for adoption

It is not an offense under this section if a professional provides legal or medical services to:

• A parent who identifies the prospective adoptive parent and places the child for adoption without the assistance 

of the professional

• A prospective adoptive parent who identifies a parent and receives placement of a child for adoption without the 

assistance of the professional

Utah

Use of Advertisement

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
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Use of Intermediaries/Facilitators

Citation: Ann. Code §§ 62A-4a-602(1), (2)(a), (3); 76-7-203

No person, agency, 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. When a child-placing agency’s license is suspended or revoked, 

the care, control, or custody of any child who has been in the care, control, or custody of that agency shall be transferred 

to the division.

An attorney, physician, or other person may assist a parent in identifying or locating a person interested in adopting the 

parent’s child, or in identifying or locating a child to be adopted. However, no payment, charge, fee, reimbursement of 

expense, or exchange of value of any kind may be made for that assistance.

Nothing in this part precludes payment of fees for medical, legal, or other lawful services rendered in connection with the 

care of a mother, delivery and care of a child, or lawful adoption proceedings; and no provision of this part abrogates the 

right of procedures for independent adoption as provided by law. 

A person commits a felony when, while having custody, care, control, or possession of a child, he or she sells or disposes 

of the child, or attempts or offers to sell or dispose of the child, for and in consideration of the payment of money or 

another thing of value; or when he or she offers, gives, or attempts to give money or another thing of value to a person 

with the intent to induce or encourage a person to sell or dispose of a child. 

Vermont

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

Citation: Ann. Stat. Tit. 15A, §§ 2-102(a)-(d); 2-105(c); 7-105(a)

A parent or guardian authorized to place a minor for adoption may place the minor only with a prospective adoptive 

parent who has a valid favorable preplacement evaluation or for whom a preplacement evaluation is not required. The 

parent or guardian shall personally select a prospective adoptive parent.

A parent or guardian may be assisted by another person in locating a prospective adoptive parent. A prospective 

adoptive parent may be assisted by another person in locating a minor who is available for adoption. 

Vermont recognizes that there may be a certified placement intermediary involved in the adoption process: The 

department shall prescribe forms designed to obtain specific information about the minor and the minor’s family and 

shall provide these forms to any agency, attorney, or certified placement intermediary.

Except as otherwise provided, a person may not pay or give, or offer to pay or give, to any other person or request, 

receive, or accept any money or anything of value, directly or indirectly, for: 

• The placement of a minor for adoption

• The consent of a parent, a guardian, or an agency to the adoption of a minor

• The relinquishment of a minor to an agency for the purpose of adoption

• The recruitment of nonresident pregnant women to locate in this State for the purpose of relinquishing the child 

for adoption

Virgin Islands

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

This issue is not addressed in the statutes reviewed. 
Use of Advertising and Facilitators in Adoptive Placements http://www.childwelfare.gov

26 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information 

Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/advertising.cfm

Virginia

Use of Advertisement

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. 

Use of Intermediaries/Facilitators

Citation: Ann. Code § 63.2-1218

No person or child-placing agency shall charge, pay, give, or agree to give or accept any money, property, service, or 

other thing of value in connection with a placement or adoption or any act undertaken pursuant to this chapter, except:

• Reasonable and customary services provided by a licensed or duly authorized child-placing agency and pees paid 

for such services

• Payment or reimbursement for medical expenses and insurance premiums that are directly related to the birth 

mother’s pregnancy and hospitalization for the birth of the child who is subject to the adoption proceedings, for 

mental health counseling by the birth parent(s) related to the adoption, and for expenses incurred for medical care 

for the child

• Payment or reimbursement for reasonable and necessary expenses for food, clothing, and shelter when, upon the 

written advice of her physician, the birth mother is unable to work or otherwise support herself due to medical 

reasons or complications associated with the pregnancy or birth of the child 

• Payment or reimbursement for reasonable expenses incurred incidental to any required court appearance 

including, but not limited to, transportation, food, and lodging

• Usual and customary fees for legal services in adoption proceedings

• Payment or reimbursement of reasonable expenses incurred for transportation in connection with any of the 

services specified in this section and as necessary for compliance with the law in such placements

Washington

Use of Advertisement

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

Nothing in this section prohibits an attorney from advertising his or her availability to practice or provide services to the 

adoption of children. 

Use of Intermediaries/Facilitators

Citation: Rev. Code §§ 26.33.390(2)-(3); 9A.64.030

Any person adopting a child shall receive from the adoption facilitator written information on adoption-related services. 

This information may be that published by the department or any other social service provider and shall include 

information about how to find and evaluate appropriate adoption therapists, and may include other resources for 

adoption-related issues.
Use of Advertising and Facilitators in Adoptive Placements http://www.childwelfare.gov

27 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information 

Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/advertising.cfm

Any person involved in providing adoption-related services shall respond to requests for written information by providing 

materials explaining adoption procedures, practices, policies, fees, and services. 

It is unlawful for any person to sell or purchase a minor child. A transaction shall not be a purchase or sale if any of the 

following exists:

• The transaction is between the parents of the minor child.

• The transaction is between a person receiving or about to receive the child and an adoption or child-placing 

agency.

• The transaction is between the person receiving or about to receive the child and a State or other governmental 

agency.

• The transaction is pursuant to the Interstate Compact of Placement of Children.

• The transaction is pursuant to court order.

• The only consideration paid by the person receiving or about to receive the child is intended to pay for the 

prenatal hospital or medical expenses involved in the birth of the child, or attorneys’ fees and court costs involved 

in effectuating transfer of child custody.

West Virginia

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

Citation: Ann. Code § 48-22-803

Any person or agency that knowingly offers, gives, or agrees to give to another person, and any person who receives, 

accepts, or offers to accept money, property, service or other thing of value in consideration for the recipient locating, 

providing, or procuring a minor child for any purpose that entails a transfer of the legal or physical custody of said child, 

including, but not limited to, adoption or placement, is guilty of a felony.

A child whose parent, guardian, or custodian has sold or attempted to sell said child in violation of this article may be 

deemed an abused child. The court may place such a child in the custody of the Department of Health and Human 

Resources or with such other responsible person as the best interests of the child dictate.

This section does not prohibit the payment or receipt of the following:

• Fees paid for reasonable and customary services provided by the department or any licensed or duly authorized 

adoption or child-placing agency

• Reasonable and customary legal, medical, hospital, or other expenses incurred in connection with the pregnancy, 

birth, and adoption proceedings

• Fees and expenses included in any agreement in which a woman agrees to become a surrogate mother

• Any fees or charges authorized by law or approved by a court in a proceeding relating to the placement plan, 

prospective placement, or placement of a minor child for adoption

Wisconsin

Use of Advertisement

Citation: Ann. Stat. § 48.825

No person may do any of the following:

• Advertise for the purpose of finding a child to adopt

• Advertise that the person will find an adoptive home for a child or arrange for or assist in the adoption or adoptive 

placement of a child

• Advertise that the person will place a child for adoption
Use of Advertising and Facilitators in Adoptive Placements http://www.childwelfare.gov

This section does not apply to any of the following:

• The department, a county department, or a licensed child welfare agency

• An individual or agency providing adoption information through the State adoption information exchange or State 

adoption center

• A foster care and adoption resource center or postadoption resource center

• An individual who has received a favorable recommendation regarding his or her fitness to be an adoptive parent 

in this State from the department, a county department, a licensed child welfare agency, or in another jurisdiction 

from an entity authorized by that jurisdiction to conduct studies of potential adoptive homes

• An individual seeking to place his or her child for adoption

No person may publish by a public medium an advertisement that violates this section. If the owner, agent, or 

employee of the public medium receives a copy of the license of the person or agency requesting the advertisement 

that indicates that the person or agency is licensed to provide adoption services in this State, the advertisement does 

not violate 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. 

Use of Intermediaries/Facilitators

Citation: Ann. Stat. § 948.24

Whoever does any of the following is guilty of a felony:

• Places or agrees to place his or her child for adoption for anything exceeding actual authorized costs and 

payments 

• Solicits, negotiates, or arranges for anything of value the placement of a child for adoption unless by an 

authorized entity

• Gives anything exceeding the actual cost of the legal and other services rendered in connection with the adoption 

and the authorized items and payments in order to receive a child for adoption

This section does not apply to foreign adoptions. 

Wyoming

Use of Advertisement

This issue is not addressed in the statutes reviewed. 

Use of Intermediaries/Facilitators

This issue is not addressed in the statutes reviewed. 

U.S. Department of Health and Human Services

Administration for Children and Families

Administration on Children, Youth and Families

Children’s Bureau