§ 48-10-101. Prohibited activities in placement.
Article 10.
Prohibited Practices inConnection with Adoption.
§ 48‑10‑101. Prohibited activities in placement.
(a) No one other than aperson or entity specified in G.S. 48‑3‑201 may place a minor foradoption. No one other than a person or entity specified in G.S. 48‑3‑201,or an adoption facilitator, may solicit potential adoptive parents for childrenin need of adoption. No one other than an agency or an adoption facilitator, oran individual with a completed preplacement assessment that contains a findingthat the individual is suitable to be an adoptive parent or that individual'simmediate family, may solicit for adoption a potential adoptee.
(b) No one other than acounty department of social services, an adoption facilitator, or an agencylicensed by the Department in this State may advertise in any periodical ornewspaper, or by radio, television, or other public medium, that any person orentity will place or accept a child for adoption.
(b1) Notwithstandingsubsections (a) and (b) of this section, this Article shall not prohibit aperson from advertising that the person desires to adopt. This subsection shallapply only to a person with a current completed preplacement assessment findingthat person suitable to be an adoptive parent. The advertisement may bepublished only in a periodical or newspaper or on radio, television, cabletelevision, or the Internet. The advertisement shall include a statement that(i) the person has a completed preplacement assessment finding that personsuitable to be an adoptive parent, (ii) identifies the name of the agency thatcompleted the preplacement assessment, and (iii) identifies the date thepreplacement assessment was completed. Any advertisement under this subsectionmay state whether the person is willing to provide lawful expenses as permittedby G.S. 48‑10‑103.
(c) A person whoviolates subsection (a), (b), or (b1) of this section is guilty of a Class 1misdemeanor.
(d) The district courtmay enjoin any person from violating this section. (1975, c. 335, s. 2; 1981, c.275, s. 6; 1993, c. 539, s. 413; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c.457, s. 2; 2001‑150, s. 14.)