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 N.M. Stat. Ann..

B. A violation of this section constitutes an unfair or deceptive trade practice pursuant to the Unfair Practices Act [N.M. Stat. Ann. Chapter 57, Article 12].

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.