States Where Adoption Advertising is NOT Allowed: Updated for 2020
What states do not allow adoption advertising?
If you’re planning on an independent adoption and considering advertising via Google Ads or paid Facebook / Instagram posts it’s important to know what states allow adoption advertising and which do not.
The following list of adoption advertising laws per state can be your starting point when it comes to understanding what you legally can and cannot do to advertise your desire to adopt.
We’ve outlined the relevant laws for each state below. The “Bottom Line” at the beginning of each state section focuses on whether prospective adoptive parents can place adoption ads. It is not meant to comment on what attorneys or agencies are legally allowed to do, as these might differ.
As of 2020, 33 states have regulations in place either limiting who can advertise, what the advertisements can or can't contain, or limit advertising altogether. These laws may restrict advertising only to families with a positive home study, require any ads to explicitly state a couple has an approved home study, restrict mention of payment of costs related to adoption or more. Please carefully review your state statures, and the statures of the states you intend to advertise in. For example, California state law explicitly states California must be excluded as a location when placing ads on the Internet, so even non-California residents need to be aware of California state law.
17 states plus American Samoa and the District of Columbia don't mention the use of advertising in adoption anywhere in their state statues and are considered safe to legally advertise in. These include: Alaska, Arizona, American Samoa, Arkansas, District of Columbia, Hawaii, Iowa, Maryland, Michigan, Minnesota, Missouri, New Jersey, New York, Pennsylvania, Rhode Island, South Dakota, Vermont, West Virginia, Wyoming.
The following 17 states expressly prohibit advertising by prospective adoptive parents. Alabama, California, Delaware, Florida, Idaho, Indiana, Kentucky, Louisiana, Maine, Massachusetts, Montana, Nebraska, Nevada, North Dakota, Texas, Utah
Please also keep in mind that just because you are a resident of a state that prohibits advertising, that doesn’t necessarily mean you cannot advertise in a state that allows it. Similarly, just because you reside in a state that allows advertising, it doesn’t mean you can advertise in other states that prohibit it. Discuss these and other specific topics with your experienced adoption attorney.
Please note this information is current as of July 2020, and is cited courtesy of the Child Welfare Information Gateway.
Child Welfare Information Gateway. (2020). Use of advertising and facilitators in adoptive placements. Washington, DC: U.S. Department of Health and Human Services, Administration for Children and Families, Children's Bureau.
Presenting you with this information should not be considered legal advice nor should it be relied upon as you make decisions. This information is your guide in starting to understand what may or may not be allowed. You should also meet with a qualified adoption attorney to discuss more specifics and make final decisions.
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.
Alaska
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
American Samoa
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
Arizona
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
Arkansas
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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.
It is not legal to use Facebook advertising.
It is not legal to use Google Ads. California must be blocked if you set up ads in Google.
It is legal to use Facebook to share your journey, as long as you do not state that you are looking for an expectant parent. Sharing about your adoption journey via a community page is perfectly fine.
Colorado
Bottom Line: Advertising is Allowed
Citation: Rev. Stat. § 19-5-213.5
The term ‘advertise through a public medium’ means to communicate by any public medium such as a newspaper, periodical, telephone book listing, outdoor advertising sign, radio, television, or computerized communication system, including an Internet site, an Internet profile, or any similar medium of communication provided via the Internet.
It is unlawful to advertise through a public medium for any of the following purposes:
To find a child to adopt or to otherwise take permanent physical custody of a child
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
To offer to place a child for adoption or in any other permanent physical placement with another person
This section does not apply to the following:
An employee of the State Department of Human Services, a county department of human or social services, or a licensed child-placing agency
An individual or agency that provides adoption information through the statewide adoption resource registry
An adoption exchange whose membership includes county departments and licensed child-placing agencies that provide information and referral services to find adoptive homes and to promote adoption
An individual who has received a favorable home study recommendation regarding his or her fitness to be an adoptive parent
An attorney who is licensed to practice in Colorado who advertises his or her availability to practice or provide services relating to the adoption of children
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.
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.
District of Columbia
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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.
The term ‘adoption entity’ includes the Department of Children and Families, a registered child-caring agency, an intermediary, a Florida licensed child-placing agency, or a child-placing agency licensed in another State that also is licensed by the department to place children in the State of Florida.
Georgia
Bottom Line: Advertising is Allowed
Citation: Ann. Code § 19-8-24(a)(!), (d)
It shall be unlawful for any person, organization, corporation, hospital, facilitator, or association of any kind whatsoever that is not a child-placing agency; a prospective adoptive parent who has a valid, approved preplacement home study report; or a licensed attorney representing a prospective adoptive parent who has a valid, approved preplacement home study report to advertise, whether in a periodical, by television, by radio, or by any other public medium or by any private means, including, but not limited to, letters, circulars, handbills, internet postings, including social media, and oral statements, that the person, organization, corporation, hospital, facilitator, or association will adopt children or will arrange for children to be adopted or placed for adoption.
Any individual who places an advertisement concerning being an adoptive parent shall include in such advertisement that he or she has a valid, approved preplacement home study report.
This section shall not apply to communication by private means, including written or oral statements, by an individual seeking to adopt a child or place that individual's child for adoption, whether the communication occurs before or after the birth of the child.
It is legal to use letters to network, as long as they don’t mention using an attorney.
It is legal to share your interest in adopting as long as it is in a non-promotional way.
It is not legal to advertise any financial assistance or exchange of monetary offerings like medical bills, counseling, housing, etc.
It is not legal to use public media to advertise such as television, radio, newspapers, etc.
Hawaii
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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.
This section is not intended to prohibit:
A licensed attorney from advertising his or her ability to practice or provide services related to the adoption of children.
Physicians and other health-care providers from assisting or providing natural and adoptive parents with medical care necessary to initiate and complete adoptive placements.
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.
An expectant 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
Use of Advertisement Citation: Ann. Code § 35-46-1-21
The term 'advertisement' means any communication by any medium within the borders of Indiana, including print advertisements, digital advertisements, radio, television, and outdoor advertising signs.
Only a person that is an attorney licensed to practice law in Indiana or a licensed child-placing agency may place an advertisement for either of the following purposes:
A child is offered or wanted for adoption.
The person is able to place, locate, or receive a child for adoption.
A person who knowingly or intentionally violates this section commits unauthorized adoption advertising, a level 6 felony.
This section may not be enforced against any of the following:
A Federal agency
The Indiana Department of Child Services
An Indiana resident seeking to adopt a child on his or her own behalf
Iowa
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
Kansas
Bottom Line: Advertising is Allowed
Citation: Ann. Stat. § 59-2123(a)(1), (b)-(c)
Any person who advertises that such person will adopt, find an adoptive home for a child, or otherwise place a child for adoption shall state in such advertisement whether or not such person is licensed and if licensed, under what authority such license is issued and in what profession.
This provision shall not apply to the Kansas Department for Children and Families or to an individual seeking to adopt a child.
The term ‘advertise’ means to communicate by newspaper, radio, television, handbills, placards or other print, broadcast, telephone directory, or electronic medium.
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.
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.
Maine
Bottom Line: Advertising is Prohibited
Citation: Rev. Stat. Tit. 18-A, § 9-313
The term 'advertise' means to communicate by any public medium that originates within this State, including by newspaper, periodical, telephone book listing, outdoor advertising sign, radio, television, or by any computerized communication system, including by email, website, internet account, or any similar medium of communication provided via the internet. The term 'internet account' means an account created within a bounded system established by an internet-based service that requires a user to input or store access information in an electronic device in order to view, create, use, or edit the user's account information, profile, display, communications, or stored data.
A person may not do any of the following:
Advertise for the purpose of finding a child to adopt or to otherwise take into permanent physical custody
Advertise that the person will place a child for adoption or in any other permanent physical placement
Advertise for the purpose of finding a person to adopt or otherwise take into permanent custody a particular child
Maryland
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
Massachusetts
Bottom Line: Advertising is Prohibited
Citation: Ann. Laws Ch. 210, § 11A
It is unlawful for any person or entity other than a duly authorized agent or employee of the Department of Children and Families or a child care or child-placing agency licensed under the provisions of chapter 15D to cause to be published in the Commonwealth an advertisement or notice of children offered or wanted for adoption, or in any way offer to place, locate, or dispose of children offered or wanted for adoption, or hold himself or herself out in any way as being able to place, locate, or dispose of children for adoption.
Michigan
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
Minnesota
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
Mississippi
Bottom Line: Advertising is Allowed
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.
Missouri
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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.
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.
Nevada
Bottom Line: Advertising is Prohibited
Citation: Rev. Stat. § 127.283; 127.310(1)
No person or organization other than a licensed child-placing agency may advertise that he or she will place children for adoption or permanent free care; accept, supply, provide, or obtain children for adoption or permanent free care; or cause any advertisement to be disseminated soliciting, requesting, or asking for any child or children for adoption or permanent free care.
New Hampshire
Bottom Line: Advertising is Allowed
The term '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.
It is unlawful to advertise through a public medium for one of the following purposes:
To find a child to adopt or to otherwise take permanent physical custody of a child
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
To offer to place a child for adoption or in any other permanent physical placement with another person
This section shall not apply to the following:
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
An adoption exchange whose membership includes licensed child-placing agencies that provide information and referral services to find adoptive homes
An individual or organization that is actively working with any of the agencies or entities described above to place a child for adoption
New Jersey
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
New Mexico
Bottom Line: Advertising is Allowed
Citation: Ann. Stat. § 32A-5-42.2
This section does not apply to:
The Children, Youth and Families Department or a person authorized to act on behalf of the department.
An agency licensed by the department.
An investigator or counselor.
An attorney licensed in the State who advertises legal services relating to adoption.
A prospective adoptive parent who is acting alone on the prospective adoptive parent’s own behalf and who has a current, approved preplacement study as required by the department.
New York
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
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.
Ohio
Bottom Line: Advertising is Allowed
Citation: Rev. Code § 5103.17
The biological parent of a child may advertise the availability for placement of the parent’s child for adoption to a qualified adoptive parent. A qualified adoptive parent may advertise that the qualified adoptive parent is available for placement of a child into the qualified adoptive parent’s care for the purpose of adopting the child. A government entity may advertise about its role in the placement of children for adoption or any other information that would be relevant to qualified adoptive parents.
No person shall offer money or anything of value in exchange for placement of a child for adoption. No birth parent may request money or anything of value in exchange for placement for adoption of the parent's child with a qualified adoptive parent.
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.
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.
Rhode Island
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
South Carolina
Bottom Line: Advertising is Allowed
Citation: Ann. Code. § 63-9-70
No person or entity other than the Department of Social Services, a child-placing agency licensed in this State, or an attorney licensed in this State may advertise that the person or entity will place or accept a child for adoption.
Notwithstanding the provisions above, a person is not prohibited from advertising that the person desires to adopt if the person has a current preplacement home investigation finding that the person is suitable to be an adoptive parent.
The term ‘advertise’ means to communicate by newspaper, radio, television, hand bills, placards or other print, broadcast, or electronic medium that originates within this State.
South Dakota
Bottom Line: Advertising is Allowed
This issue is not addressed in the statutes reviewed.
Tennessee
Bottom Line: Advertising is Allowed
Citation: Ann. Code. § 36-1-108(a)(2)
Only a licensed child-placing agency, a licensed clinical social worker, prospective adoptive parents, or a lawyer who is subject to the Tennessee supreme court rules regarding lawyer advertising may advertise for the placement of children for adoption in this State.
In order to advertise for the placement of children for adoption in Tennessee, out-of-State licensed child-placing agencies, licensed clinical social workers, or lawyers must:
Be authorized to do business in this State under respective licensing laws.
Maintain a physical office within this State or incur expenses involved in the transportation of a licensing consultant to the closest physical office of the agency, social worker, or lawyer.
Any advertisement in this State for the placement of children for adoption in another State by an agency or individual not licensed or authorized to do such business in this State shall clearly state that the agency or individual is not licensed or authorized to do such business in this State.
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.
Public media includes newspapers or other periodicals, billboards or other signs, radio or television broadcasts, or communications through the use of the internet or another public computer network.
It is legal to use outreach cards, networking letters, flyers in your personal outreach search.
It is not legal to use traditional advertising media such as radio, billboards, television or Google Ads.
