Sec. 21. (a) As used in this section, “advertisement” means any communication by any medium within the borders of Indiana, including print advertisements, digital advertisements, radio, television, and outdoor advertising signs.

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 6 felonybetween 6 mos. and 2 1/2 yearsup to $10,000
For details, see Ind. Code § 35-50-2-7
criminal case

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Terms Used In Indiana Code 35-46-1-21

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
     (b) Except as provided in subsection (d), only a person that is an attorney licensed to practice law in Indiana or a child placing agency licensed under the laws of Indiana may place an advertisement that:

(1) a child is offered or wanted for adoption; or

(2) the person is able to place, locate, or receive a child for adoption.

     (c) A person who knowingly or intentionally violates subsection (b) commits unauthorized adoption advertising, a Level 6 felony.

     (d) Subsection (b) may not be enforced against:

(1) a federal agency;

(2) the Indiana department of child services; or

(3) an Indiana resident seeking to adopt a child on the resident’s own behalf.

As added by P.L.146-2007, SEC.20. Amended by P.L.21-2010, SEC.10; P.L.113-2017, SEC.17; P.L.163-2019, SEC.1.

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