A. A person, other than a person described in Subsection C of this section, who knowingly or intentionally engages in adoption services with a person in this state for compensation is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 32A-5-42 NMSA 1978.
B. A violation of this section constitutes an unfair or deceptive trade practice pursuant to the Unfair Practices Act [Chapter 57, Article 12 NMSA 1978].
C. This section does not apply to the following persons:
(1) the department, a person authorized to act on behalf of the department or a similar agency in another state;
(2) an investigator or counselor;
(3) an agency licensed pursuant to the laws of this state or another state that is providing an adoption service within that state to a parent, prospective adoptive parent or a specific and identified adoptee who resides in that state;
(4) an attorney licensed to practice law in this state or in another state who is providing a legal service within and pursuant to the laws of that state to a parent, prospective adoptive parent or a specific and identified adoptee who resides in that state;
(5) an agency facilitating the adoption of a foreign born child;
(6) an agency facilitating a new placement of a child following a disruption or termination of an adoption; or
(7) a prospective adoptive parent or biological parent acting alone on the parent's own behalf.