48.825 Advertising related to adoption. - Wisconsin Statutes

48.825

48.825 Advertising related to adoption.

48.825(1)

(1) In this section:

48.825(1)(a)

(a) "Advertise" means to communicate by any public medium that originates within this state, including by newspaper, periodical, telephone book listing, outdoor advertising sign, radio or television.

48.825(1)(b)

(b) "Another jurisdiction" means a state of the United States other than Wisconsin, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States or an Indian tribe.

48.825(2)

(2) Except as provided in sub. (3), no person may do any of the following:

48.825(2)(a)

(a) Advertise for the purpose of finding a child to adopt.

48.825(2)(b)

(b) Advertise that the person will find an adoptive home for a child or arrange for or assist in the adoption or adoptive placement of a child.

48.825(2)(c)

(c) Advertise that the person will place a child for adoption.

48.825(3)

(3) This section does not apply to any of the following:

48.825(3)(a)

(a) The department, a county department or a child welfare agency licensed under s. 48.60 to place children for adoption.

48.825(3)(b)

(b) An individual or agency providing adoption information under s. 48.55.

48.825(3)(c)

(c) A foster care and adoption resource center funded by this state or a postadoption resource center funded by this state.

48.825(3)(d)

(d) An individual who has received a favorable recommendation regarding his or her fitness to be an adoptive parent in this state from the department, a county department or a child welfare agency licensed under s. 48.60 or in another jurisdiction from an entity authorized by that jurisdiction to conduct studies of potential adoptive homes.

48.825(3)(e)

(e) An individual seeking to place his or her child for adoption.

48.825(3m)

(3m) No person may publish by a public medium an advertisement that violates this section. If the owner, agent, or employee of the public medium receives a copy of the license of the person or agency requesting the advertisement that indicates that the person or agency is licensed to provide adoption services in this state, there is a rebuttable presumption that the advertisement does not violate this section.

48.825(4)

(4) Nothing in this section prohibits an attorney licensed to practice in this state from advertising his or her availability to practice or provide services relating to the adoption of children.

48.825(5)

(5) Any person who violates sub. (2) or (3m) may be fined not more than $10,000 or imprisoned not more than 9 months or both.

48.825 - ANNOT.

History: 1997 a. 104; 1999 a. 9; 2005 a. 293; 2009 a. 94.

48.825 - ANNOT.

NOTE: 1997 Wis. Act 104, which affected this section, contains explanatory notes.