The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Hanna Gettys.
DIGEST
SB 496 Engrossed 2024 Regular Session Edmonds
Present law (R.S. 46:1425) provides that it shall be prohibited for an adoption facilitator, as is
defined in R.S. 46:1425.1, to advertise for adoption services.
Present law provides that if any person advertises in violation of present law, the attorney general,
DCFS, the appropriate district attorney, or any licensed child-placing agency or a La. based crisis
pregnancy center may file suit in district court according to the general rules of venue to obtain
injunctive relief to restrain the person from continuing the violation.
Present law provides that nothing in present law shall apply to any individual licensed to practice law
in this state while such individual is engaged in the practice of law or to any individual licensed to
provide mental health counseling as provided in present law and preplacement and home studies as
provided in present law.
Present law provides that anyone who violates the provisions of present law shall be liable for all
costs of any proceeding brought to enjoin such violation, including reasonable attorney fees, which
shall be set by the court.
Proposed law retains present law and provides that it shall be unlawful for an adoption facilitator or
an entity not licensed in La. to assist in the adoption of children.
Proposed law provides that an individual or entity licensed in La. to participate in the adoption
process or assist in the adoption of children shall be considered a mandatory reporter for purposes
of proposed law.
Proposed law (R.S. 46:1425.1) provides that an adoption facilitator shall not engage in any of the
following activities:
(1)Advertising for the purpose of soliciting parties to an adoption, locating children for an
adoption, or acting as an intermediary between the parties to an adoption.
(2)Charging a fee or other valuable consideration for service rendered relating to an adoption,
whether directly or indirectly, for locating children for adoption, or acting as an intermediary
between the parties to an adoption.
Proposed law provides that as used in proposed law, "adoption facilitator" means an individual or
jurisdictional person that acts as intermediary or facilitator between adoptive parents and birth
mothers. Proposed law provides that an "adoption facilitator" shall not include any of the following:
(1)A licensed adoption agency.
(2)An attorney licensed to practice law in Louisiana.
(3)Any individual licensed to provide mental health counseling and preplacement and home
studies as provided in present law.
(4)An individual who does not receive a fee or other valuable consideration for services
rendered relating to an adoption, whether directly or indirectly, for locating children for
adoption, or acting as an intermediary between the parties to an adoption.
Proposed law provides that a violation of proposed law shall be an unfair trade practice as provided
in present law.
Proposed law (R.S. 51:1402(10)(c)) provides that "trade" or "commerce" shall include the
advertising or collecting fees as an adoption facilitator in violation of proposed law.
Effective August 1, 2024.
(Amends R.S. 46:1425; adds R.S. 46:1425(E), R.S. 46:1425.1, and R.S. 51:1402(10)(c))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the original bill
1. Makes technical amendments.
2. Provides prohibitions relative to adoption facilitators.