(1) Unless the context
clearly requires otherwise, "advertisement" means communication
by newspaper, radio, television, handbills, placards or other
print, broadcast, or the electronic medium. This definition
applies throughout this section.
(2) No person or entity shall cause to be published for
circulation, or broadcast on a radio or television station,
within the geographic borders of this state, an advertisement of
a child or children offered or wanted for adoption, or shall hold
himself or herself out through such advertisement as having the
ability to place, locate, dispose, or receive a child or children
for adoption unless such person or entity is:
(a) A duly authorized agent, contractee, or employee of the
department or a children's agency or institution licensed by the
department to care for and place children;
(b) A person who has a completed preplacement report as set
forth in RCW 26.33.190 (1) and (2) or chapter 26.34 RCW with a
favorable recommendation as to the fitness of the person to be an
adoptive parent, or such person's duly authorized uncompensated
agent, or such person's attorney who is licensed to practice in
the state. Verification of compliance with the requirements of
this section shall consist of a written declaration by the person
or entity who prepared the preplacement report.
Nothing in this section prohibits an attorney licensed to
practice in Washington state from advertising his or her
availability to practice or provide services related to the
adoption of children.
(3)(a) A violation of subsection (2) of this section is a
matter affecting the public interest and constitutes an unfair or
deceptive act or practice in trade or commerce for the purpose of
applying chapter 19.86 RCW.
(b) The attorney general may bring an action in the name of
the state against any person violating the provisions of this
section in accordance with the provisions of RCW 19.86.080.
(c) Nothing in this section applies to any radio or
television station or any publisher, printer, or distributor of
any newspaper, magazine, billboard, or other advertising medium
which accepts advertising in good faith without knowledge of its
violation of any provision of this section after an attempt to
verify the advertising is in compliance with this section.
[2006 c 248 § 4; 1991 c 136 § 6; 1989 c 255 § 1.]