§ 35-46-1-22 — Unauthorized adoption facilitation

Indiana § 35-46-1-22

• Jurisdiction: Indiana
• Art. 46: MISCELLANEOUS OFFENSES
• Ch. 1: Offenses Against the Family

Text

(a) As used in this section, "adoption
services" means at least one (1) of the following services that is
provided for compensation, an item of value, or reimbursement, either
directly or indirectly, and provided either before or after the services
are rendered:
(1) Arranging for the placement of a child.
(2) Identifying a child for adoption.
(3) Matching adoptive parents with biological parents.
(4) Arranging or facilitating an adoption.
(5) Taking or acknowledging consents or surrenders for
termination of parental rights for adoption purposes.
(6) Performing background studies on:
(A) a child who is going to be adopted; or
(B) adoptive parents.
(7) Making determinations concerning the best interests of a child
and the appropriateness in placing the child for adoption.
(8) Postplacement monitoring of a child before the child is
adopted.
(b) As used in this section, the term "adoption services" does not
include the following:
(1) Legal services provided by an attorney licensed in Indiana.
(2) Adoption related services provided by a governmental entity
or a person appointed to perform an investigation by the court.
(3) General education and training on adoption issues.
(4) Postadoption services, including supportive services to
families to promote the well-being of members of adoptive
families or birth families.
(c) Subsection (d) does not apply to the following persons:
(1) The department of child services, an agency or person
authorized to act on behalf of the department of child services, or
a similar agency or county office with similar responsibilities in
another state.
(2) The division of family resources, an agency or person
authorized to act on behalf of the division of family resources, or
a similar agency or county office with similar responsibilities in
another state.
(3) A child placing agency licensed under the laws of Indiana.
(4) An attorney licensed to practice law in Indiana.
(5) A prospective biological parent or adoptive parent acting on
the individual's own behalf.
(d) A person who knowingly or intentionally provides, engages in,
or facilitates adoption services to a birth parent who lives in Indiana
commits unauthorized adoption facilitation, a Class A misdemeanor.
(e) Subsection (f) does not apply to the following persons:
(1) The department of child services, an agency or person
authorized to act on behalf of the department of child services, or
a similar agency or county office with similar responsibilities in
another state.
(2) The division of family resources, an agency or person
authorized to act on behalf of the division of family resources, or
a similar agency or county office with similar responsibilities in
another state.
(3) A child placing agency licensed under the laws of Indiana or
another state.
(4) An attorney licensed to practice law in Indiana or another
state.
(5) A prospective biological parent or adoptive parent acting on
the individual's own behalf.
(f) A person who knowingly or intentionally provides, engages in,
or facilitates adoption services to a prospective adoptive parent who
lives in Indiana commits unauthorized adoption facilitation, a Class A
misdemeanor.

Legislative History

As added by P.L.146-2007, SEC.21. Amended by P.L.146-2008, SEC.685; P.L.21-2010, SEC.11; P.L.31-2011, SEC.1.