§ 8609. — 8609. (Amended by Stats. 2023, Ch. 192, Sec. 1.)

(a)
Any person or organization that advertises in any periodical or newspaper, by radio, or other public medium, that the person or organization will place children for adoption, or accept, supply, provide, or obtain children for adoption, or that causes any advertisement to be published in or by any public medium soliciting, requesting, or asking for any child or children for adoption, is guilty of a misdemeanor, unless one of the following conditions apply:
(1)
The person or organization holds a valid and unrevoked license to operate as a licensed adoption agency, as defined in Section 8530, and is authorized to place children for adoption.
(2)
The person or organization is exempt from licensure
pursuant to
subdivision (w) or (x) of Section 1505 of the Health and Safety Code.
(b)
Any person, organization, association, or corporation that seeks to place any child for adoption is guilty of a misdemeanor, unless one of the following conditions applies:
(1)
The person, organization, or corporation holds a valid and unrevoked license to operate as a licensed adoption agency, as defined in Section 8530, and is authorized to place children for adoption.
(2)
The person, organization, or corporation is exempt from licensure pursuant to
subdivision (w) or (x) of Section 1505 of the Health and Safety Code.
(3)
The person is the
legal parent.
(c)
Any person or organization that performs any of the functions of an adoption agency or holds itself out as performing any of the functions of an adoption agency, as described in paragraphs (9) and (10) of subdivision (a) of Section 1502 of the Health and Safety Code, without a valid and unrevoked license issued by the department shall be deemed an unlicensed adoption agency, as referenced in paragraph (6) of subdivision (a) of Section 1503.5 of Health and Safety Code, unless otherwise permitted under California law.

Legislative History

Amended by Stats. 2023, Ch. 192, Sec. 1. (SB 138) Effective September 13, 2023.