ILLEGAL AND DECEPTIVE ADOPTION ADS

By Julia Diamond
September 17, 2024

The Federal Trade Commission issued a warning letter to adoption intermediaries, including businesses that claim to match adoptive parents with birth parents for private adoptions, who may break the law by saying they’re licensed when they aren’t, making promises they can’t keep, or trying to prevent people from posting honest reviews. The letters tell the intermediaries to take a close look at their business practices and make any necessary changes or be ready to face the consequences. Read here for more information:

https://www.ftc.gov/business-guidance/blog/2024/09/special-delivery-adoption-intermediaries-no-tolerance-deception

Under Florida law, it is a crime it a crime for an adoption professional who is not licensed in Florida to place certain adoption ad in our state, even a truthful one. Here is the text of the law that went into effect this summer:

63.212 Prohibited acts; penalties for violation.

(1) It is unlawful for any person:

… 

(g) Except an adoption entity, to place an advertisement 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; and, further, it is unlawful for any person purchasing advertising space or purchasing broadcast time to advertise adoption services to fail to include in any publication or fail to include in the broadcast for such advertisement the Florida license number of the adoption entity or The Florida Bar number of the attorney placing the advertisement. This prohibition applies, but is not limited, to a paid advertisement, an article, a notice, or any other paid communication published in any newspaper or magazine, or on the Internet, on a billboard, over radio or television, or other similar media.

1. Only a person who is an attorney licensed to practice law in this state or an adoption entity licensed under the laws of this state may place an advertisement in this state that:

a. A child is offered or wanted for adoption; or

b. The person is able to place, locate, or receive a child for adoption.

2. A person who publishes a telephone directory, newspaper, magazine, billboard, or any other written advertisement that is distributed in this state must include a statement that only attorneys licensed to practice law in this state and adoption entities licensed under the laws of this state may legally provide adoption services under state law.

3. A person who places an advertisement must include the following information:

a. For an attorney licensed to practice law in this state, the person’s Florida Bar number.

b. For a child-placing agency licensed under the laws of this state, the number on the person’s adoption entity license.

Please contact us at 1-800-GO-ADOPT for more information!