170-B:32 Unauthorized Advertising for Adoption Purposes; Exceptions; Penalty. –
I. In this section:
(a) "Advertise through a public medium" means to communicate by any public medium, including by newspaper, periodical, telephone book listing, outdoor advertising sign, radio, television, or by computerized communication system, which includes an Internet site, an Internet profile, or any similar medium of communication provided via the Internet. "Advertising through a public medium" does not include communicating through personal or work electronic mail, text, or telephone.
(b) "Another jurisdiction" means the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States, an Indian tribe, or a state of the United States other than New Hampshire.
(c) "Child" means a person less than 18 years of age.
II. Except as described in paragraph III, it is unlawful to advertise through a public medium for one of the following purposes:
(a) To find a child to adopt or to otherwise take permanent physical custody of a child;
(b) To find an adoptive home or any other permanent physical placement for a child or to arrange for or assist in the adoption, adoptive placement, or any other permanent physical placement of a child; or
(c) To offer to place a child for adoption or in any other permanent physical placement with another person.
III. Paragraph II shall not apply to:
(a) An employee of the department of health and human services or a licensed child-placing agency, who is acting within the scope of his or her employment to place a child for adoption or in foster care;
(b) An adoption exchange whose membership includes licensed child-placing agencies that provide information and referral services to find adoptive homes and to promote adoption;
(c) An individual or organization that has entered into an agreement with or is actively working with any of the agencies or entities described in paragraph (a) or (b) to place a child for adoption;
(d) A person who advertises fertility-related services;
(e) An individual who has received a favorable recommendation regarding his or her fitness to be an adoptive parent in this state from the department of health and human services or a child-placing agency licensed in this state or in another jurisdiction from an entity authorized by that jurisdiction to conduct studies of potential adoptive homes;
(f) An individual who expresses a general interest in becoming an adoptive parent; or
(g) An attorney who is licensed to practice in New Hampshire who advertises his or her availability to practice or provide services relating to the adoption of children.
IV. Unauthorized advertising of a child, as described in paragraph II, is a misdemeanor.