1. A. The crime of trafficking in children is defined to consist of any of the following acts or any part thereof:

   1. 1. Acceptance of any compensation, in money, property or other thing of value, at any time, from the person or persons adopting a child, by any person, for services of any kind performed or rendered or purported to be performed or rendered, in connection with such adoption;
   2. 2. Acceptance of any compensation, in money, property or other thing of value, by any person, from any other person, in return for placing, assisting to place, or attempting to place a child for adoption or for permanent care in a foster home;
   3. 3. The offering or payment of any compensation, in money, property or other thing of value, to any person in order to acquire custody of a child for adoption;
   4. 4. Offering to place, or advertising to place, a child for adoption or for care in a foster home, by any person, as an inducement to any woman to enter an institution or home or other place for maternity care or for the delivery of a child;
   5. 5. Bringing or causing to be brought into this state or sending or causing to be sent outside this state any child for the purpose of placing such child in a foster home or of procuring the adoption thereof without first obtaining the consent of the Department. Provided, however, that this provision shall have no application to the parent or guardian of the child nor to a person bringing said child into this state for the purpose of adopting the same into such person's own family;
   6. 6. Acceptance of or the offering or payment of any compensation, in money, property or other thing of value, by any person, in connection with the acquisition or transfer of the legal or physical custody of a child, except as ordered by the court or except as otherwise provided by law; or
   7. 7. The receipt of any money or any other thing of value for expenses related to the placement of a child for the purpose of an adoption by the birth parent of the child who at the time of the receipt had no intent to consent to eventual adoption.
2. B. The payment or acceptance of costs and expenses listed in Section 25 of this act shall not be a violation of this section as long as the petitioner has complied with the applicable procedure specified in Section 25 of this act.
3. C. Any person knowingly failing to file an affidavit of all adoption costs and expenses before the final decree of adoption as required by Sections 25 and 34 of this act shall be guilty of a misdemeanor.

Laws 1957, SB 185, p. 164, § 1; Amended by Laws 1965, SB 232, c. 166, § 1, emerg. eff. June 2, 1965; Amended by Laws 1985, HB 1007, c. 309, § 1, eff. November 1, 1985; Amended by Laws 1987, HB 1491, c. 226, § 10, emerg. eff. July 1, 1987; Amended by Laws 1997, HB 1241, c. 366, § 57, eff. November 1, 1997 (superseded document available).