Placing or advertising child for adoption; requirements for advertisements; penalties

1. Except as otherwise provided in this section, NRS 127A.300 and 127A.400, it is unlawful for any person or entity other than an agency which provides child welfare services or a child-placing agency to place, arrange the placement of, or assist in placing or in arranging the placement of, any child for adoption. 2. Except as otherwise provided in this section, it is unlawful for any person or entity to place an advertisement or offer to the public, by any medium, that a child is available for adoption or that a child is sought for adoption. 3. Subject to subsection 4, a child-placing agency may place an advertisement in this State that: (a) A child is offered or wanted for adoption; or (b) The child-placing agency is able to place, locate or receive a child for adoption. 4. A child-placing agency shall include in any advertisement concerning its services a statement which: (a) Confirms that the child-placing agency holds a valid, unrevoked license issued by the Division; (b) Indicates any license number issued to the child-placing agency by the Division; and (c) Indicates that only child-placing agencies licensed in this State may legally provide adoption services under the laws of this State. 5. It is unlawful for any person or entity who purchases advertising space or purchases broadcast time for the purpose of advertising adoption services to fail to include in any publication or fail to include in the broadcast for such advertisement the license number in this State of the child-placing agency or agency which provides child welfare services placing the advertisement. This section applies to paid and unpaid advertisements. 6. An agency which provides child welfare services and a child-placing agency may publish on an Internet website or in any newspaper published in this State or broadcast by television a photograph of and relevant personal information concerning any child for whom an adoptive resource is needed. 7. A person or entity who violates the provisions of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130. 8. A periodical, newspaper, radio station, Internet website or other public medium is not subject to any criminal penalty or civil liability for disseminating an advertisement that violates the provisions of this section. 9. As used in this section: (a) “Advertise” or “advertisement” means a communication that originates within this State by any public medium, including, without limitation, a newspaper, periodical, article, notice, magazine, telephone book listing, outdoor advertising, billboard, sign, radio, television or computerized communication system, including, without limitation, electronic mail, an Internet website or an Internet account, or any similar media. (b) “Internet account” means an account created within a bounded system established by an Internet-based service that requires a user to input or store information in an electronic device in order to view, create, use or edit the account information, profile, display, communications or stored data of the user.