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Texas Adoption Laws, Page 8

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Use of Advertising and Facilitators in Adoptive Placements

Use of Advertisement

Statute: Penal § 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 newspaper or other periodical, billboard or other sign, radio or television broadcast, or communications through the use of the Internet or another public computer network.

Use of Intermediaries/Facilitators

Statute: Penal § 25.08(a)-(b)

  • A person commits an offense if he or she:

    • Has custody of a child younger than 18 years of age, and offers to accept, agrees to accept, or accepts a thing of value for the delivery of the child to another for the purposes of adoption
    • Offers to give, agrees to give, or gives a thing of value to another for acquiring a child for the purpose of adoption
  • It is an exception to the application of this section that the thing of value is:

    • A fee or reimbursement paid to a child-placing agency as authorized by law
    • A fee paid to an attorney, social worker, mental health professional, or physician for services rendered in the usual course of legal or medical practice or in providing adoption counseling
    • A reimbursement of legal or medical expenses incurred by a person or the benefit of the child
    • A necessary pregnancy-related expense paid by a child-placing agency for the benefit of the child's parent during the pregnancy or after the birth of the child as permitted by the minimum standards for child-placing agencies


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