2024 Regular Session ENROLLED
SENATE BILL NO. 496
BY SENATOR EDMONDS AND REPRESENTATIVES CARLSON, EDMONSTON,
EGAN, GLORIOSO, MIKE JOHNSON, LARVADAIN, MELERINE,
TAYLOR, WRIGHT AND WYBLE
1 AN ACT
2 To amend and reenact R.S. 46:1425 and to enact R.S. 46:1425.1 and R.S. 51:1402(10)(c),
3 relative to children; to provide relative to adoption facilitators; to provide for terms
4 and conditions; to provide for definitions; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 46:1425 is hereby amended and reenacted and R.S. 46:1425.1 is
7 hereby enacted to read as follows:
8 §1425. Adoption services; requirements for advertising; injunctive relief;
9 exceptions; penalties
10 A. It shall be prohibited for an adoption facilitator, as is defined in R.S.
11 46:1425.1, to advertise for adoption services.
12 AB. It shall be unlawful for any person other than a licensed child-placing
13 agency or a Louisiana-based crisis pregnancy center or Louisiana-based pregnancy
14 resource center to advertise through print or electronic media that it will adopt
15 children or assist in the adoption of children.
16 BC. If any person advertises in violation of this Section, the attorney general,
17 the Department of Children and Family Services, the appropriate district attorney,
18 or any licensed child-placing agency or a Louisiana-based crisis pregnancy center
19 may file suit in district court according to the general rules of venue to obtain
20 injunctive relief to restrain the person from continuing the violation.
21 CD. Nothing in this Section shall apply to any individual licensed to practice
22 law in this state while such individual is engaged in the practice of law or to any
23 individual licensed to provide mental health counseling as provided in Children's
24 Code Article 1120 and preplacement and home studies as provided in Children's
25 Code Article 1173.
ACT No. 362
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1 DE. Anyone who violates the provisions of this Section shall be liable for all
2 costs of any proceeding brought to enjoin such violation, including reasonable
3 attorney fees, which shall be set by the court.
4 §1425.1. Adoption facilitators; prohibited conduct
5 A. An adoption facilitator shall not engage in any of the following
6 activities:
7 (1) Advertising for the purpose of soliciting parties to an adoption,
8 locating children for an adoption, or acting as an intermediary between the
9 parties to an adoption.
10 (2) Charging a fee or other valuable consideration for service rendered
11 relating to an adoption, whether directly or indirectly, for locating children for
12 adoption, or acting as an intermediary between the parties to an adoption.
13 B. As used in this Section, "adoption facilitator" means an individual or
14 jurisdictional person that acts as intermediary or facilitator between adoptive
15 parents and birth mothers. An "adoption facilitator" shall not include any of
16 the following:
17 (1) A licensed adoption agency.
18 (2) An attorney licensed to practice law in Louisiana.
19 (3) Any individual licensed to provide mental health counseling as
20 provided in Children's Code Article 1120, and preplacement and home studies
21 as provided in Children's Code Article 1173.
22 (4) A Louisiana-based crisis pregnancy center or Louisiana-based
23 pregnancy resource center.
24 (5) An individual who does not receive a fee or other valuable
25 consideration for services rendered relating to an adoption, whether directly or
26 indirectly, for locating children for adoption, or acting as an intermediary
27 between the parties to an adoption.
28 C. A violation of this Section shall be an unfair trade practice as
29 provided in R.S. 51:1401, et seq.
30 Section 2. R.S. 51:1402(10)(c) is hereby enacted to read as follows:
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1 §1402. Definitions
2 As used in this Chapter, the following words and phrases shall have the meanings
3 hereinafter ascribed to them:
4 * * *
5 (10)
6 * * *
7 (c) "Trade" or "commerce" shall include the advertising or collecting
8 fees as an adoption facilitator in violation of R.S. 46:1425.1.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.