Adoption Advertising Laws
Although the exact definition of adoption advertising 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 28 states currently allow prospective adoptive families to place adoption ads.
Your Starting Point
The following list of adoption-related advertising laws should be your starting point when it comes to understanding what you legally can and cannot do when it comes to advertising your desire to adopt. The presentation of this information should not be construed as providing legal advice and should not be relied upon as you make decisions. Use this information to begin to understand what may and may not be allowed and then meet with a qualified adoption attorney to discuss more specifics and to make final decisions.
Tips
The “Bottom Line” stated in green or red at the beginning of each section below focuses on whether prospective adoptive parents can place adoption ads and not whether others, such as attorney or agencies, can do the same.
Please also keep in mind that just because you are a resident of a state that prohibits advertising doesn’t necessarily mean you cannot advertise in a state that allows it. Similarly, just because you reside in a state that allows advertising doesn’t mean you can advertise in other states that prohibit it. Discuss these and other specific topics with your experienced adoption attorney.
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Alabama
Bottom Line: Advertising is Prohibited
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.
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Alaska
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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Arizona
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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Arkansas
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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California
Bottom Line: Advertising is Prohibited
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.
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Colorado
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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Connecticut
Bottom Line: Advertising is Allowed
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.
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Delaware
Bottom Line: Advertising is Prohibited
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.
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District of Columbia
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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Florida
Bottom Line: Advertising is Prohibited
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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Georgia
Bottom Line: Advertising is Prohibited
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.
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Hawaii
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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Idaho
Bottom Line: Advertising is Prohibited
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.
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Illinois
Bottom Line: Advertising is Allowed
Citation: Cons. Stat. Tit. 225, § 10/12
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
Indiana
Bottom Line: Advertising is Prohibited
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.
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Iowa
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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Kansas
Bottom Line: Advertising is Prohibited
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.
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Kentucky
Bottom Line: Advertising is Prohibited
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.
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Louisiana
Bottom Line: Advertising is Prohibited
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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Maine
Bottom Line: Advertising is Prohibited
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.
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Maryland
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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Massachusetts
Bottom Line: Advertising is Prohibited
Citation: Ann. Laws Ch. 119, § 391/2; Ch. 28A, § 14
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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Michigan
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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Minnesota
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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Mississippi
Bottom Line: Advertising is Prohibited
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.
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Missouri
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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Montana
Bottom Line: Advertising is Prohibited
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.
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Nebraska
Bottom Line: Advertising is Prohibited
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.
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Nevada
Bottom Line: Advertising is Prohibited
Citation: Rev. Stat. §§ 127.283; 127.310(1)
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.
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New Hampshire
Bottom Line: Advertising is Prohibited
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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New Jersey
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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New Mexico
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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New York
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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North Carolina
Bottom Line: Advertising is Allowed
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
North Dakota
Bottom Line: Advertising is Prohibited
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.
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Ohio
Bottom Line: Advertising is Prohibited
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.
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Oklahoma
Bottom Line: Advertising is Allowed
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. 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.
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Oregon
Bottom Line: Advertising is Allowed
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
Pennsylvania
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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Rhode Island
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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South Carolina
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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South Dakota
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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Tennessee
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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Texas
Bottom Line: Advertising is Prohibited
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.
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Utah
Bottom Line: Advertising is Prohibited
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
Vermont
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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Virginia
Bottom Line: Advertising is Prohibited
Citation: Ann. Code §§ 63.2-1218; 63.2-1225
No person shall advertise or solicit to perform any activity prohibited by this section.
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Washington
Bottom Line: Advertising is Allowed
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
West Virginia
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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Wisconsin
Bottom Line: Advertising is Allowed
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
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
Wyoming
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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Credits: Child Welfare Information Gateway
