8-130

8-130. Consent to licensed agency or division;
attorneys; affidavits

A. A consent to adoption of a child shall not be granted to an agency unless the
agency is licensed to place children for adoption under this article. A consent may be
granted to the division, which is exempt from licensure. An agency or the division may
conduct both agency placement adoptions and direct placement adoptions. An agency
placement adoption shall only be made by an agency or the division.

B. Except as provided in subsection C, a person shall not do any of the following
unless the person is employed or engaged by and acting on behalf of a licensed adoption
agency:

1. Solicit or accept employment or engagement, for compensation, by or on behalf of
a parent or guardian for assistance in the placement of a child for adoption.

2. Solicit or accept employment or engagement, for compensation, by or on behalf of
any person to locate or obtain a child for adoption.

C. An attorney licensed to practice law in this state may assist and participate in
direct placement adoptions and may receive compensation to the extent the court finds
reasonable under section 8-114 if the person granting consent to the adoption has made a
choice of the specific adopting parent without prior involvement of the attorney or if
the choice is made only from among persons currently certified by the court as acceptable
to adopt children pursuant to section 8-105.

D. Before a petition to adopt is granted and as a condition of the entry of an
order of adoption:

1. An attorney participating or assisting in a direct placement adoption shall file
with the court an affidavit confirming that there has been, to the best of his knowledge
and belief, compliance with subsection B of this section and with section 8-114,
subsection B, section 8-129 and, if fictitious names have been used, section 8-107,
subsection E.

2. An attorney representing petitioners in an agency placement adoption and the
agency shall file with the court an affidavit confirming that there has been, to the best
of the petitioner's, agency's and attorney's knowledge and belief, compliance with
subsections A and B of this section and sections 8-114 and 8-129.