ADOPT Act of 2025
- Bill Number
- H.R. 6170
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-11-20: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-07-01T08:08:21Z
AI-Generated Summary
Purpose
The Adoption Deserves Oversight, Protection, and Transparency Act of 2025 (ADOPT Act) aims to safeguard individuals and families involved in private domestic interstate adoptions from exploitation by unlicensed intermediaries. It seeks to promote access to licensed and regulated adoption providers while preventing the treatment of children as commodities in these processes.
Key Provisions
- Criminalizes Unlawful Practices in Interstate Adoptions: Adds a new section (18 U.S.C. § 228A) to federal law prohibiting certain activities in private domestic adoptions that cross state lines or involve interstate commerce (e.g., travel, payments, communications, or advertisements using interstate channels like the internet or mail).
- Prohibited Adoption Intermediary Services: Bans unlicensed individuals or entities from soliciting placing parents (parents legally able to place a child for adoption) or prospective adoptive parents, or acting as a link between them, in exchange for compensation. Exceptions include public child-placing agencies (government entities authorized to place children), certain nonprofits under contract with public agencies, private licensed child-placing agencies (state-approved entities authorized to place children), licensed attorneys, and accredited intercountry adoption providers.
- Prohibited Adoption Advertising: Criminalizes paid ads (e.g., in media, online, or billboards) that solicit parents or offer payments for adoption placements unless done by exempted licensed entities or professionals. Exceptions mirror those for intermediary services.
- Unauthorized Payments to Placing Parents: Forbids giving more than $2,500 in value (e.g., money, services, medical care) to a placing parent before they consult a licensed private child-placing agency or attorney in their state, if connected to an adoption. Exceptions include payments by licensed agencies, attorneys, or government benefits.
- Jurisdictional Scope: Applies if the activity involves interstate or foreign commerce, occurs in U.S. territory, or affects interstate commerce.
- Penalties: Individuals face fines up to $50,000, imprisonment up to 5 years, or both per violation; organizations face fines up to $100,000 per violation.
- Exemptions and Limits: Does not impact the Indian Child Welfare Act (which protects Native American children in adoptions), intercountry adoptions under existing federal law, or state/local laws that impose stricter rules.
- Effective Date: Takes effect 120 days after enactment.
Significant Changes to Existing Law
This bill amends Chapter 11A of Title 18, U.S. Code (currently focused on child support enforcement) by adding a new section on unlawful adoption practices and updating chapter headings and tables of contents. It introduces federal criminal penalties for unlicensed adoption facilitation in interstate contexts, which were previously unregulated at the federal level and handled mainly by state laws. No prior federal criminal statute specifically targeted these unlicensed intermediary activities in domestic adoptions.
Potential Impacts
- On Government Agencies: Federal law enforcement (e.g., FBI, DOJ) may see increased caseloads investigating interstate adoption violations, requiring coordination with state child welfare agencies. Public child-placing agencies gain clearer authority without new burdens.
- On Citizens: Prospective adoptive parents and placing parents in interstate adoptions benefit from reduced risk of scams or exploitation by unlicensed brokers, but may face limits on informal advertising or early financial support. Licensed providers could see more business as the trusted option.
- On International Relations: Minimal direct impact, as the bill explicitly excludes intercountry adoptions and focuses on domestic interstate cases; it preserves existing international adoption frameworks.
Main Stakeholders Affected
- Placing Parents and Prospective Adoptive Parents: Protected from unlicensed intermediaries but restricted in seeking or offering unregulated support.
- Adoption Agencies and Attorneys: Licensed public/private entities and state-licensed attorneys are exempted, potentially increasing their role; unlicensed operators face criminal risks.
- Children in Adoptions: Indirectly benefit from reduced commodification and exploitation risks.
- Unlicensed Intermediaries: New targets for federal prosecution if involved in interstate activities.
- Nonprofits and Religious Organizations: 501(c)(3) groups under public contracts are protected, but others risk penalties if unlicensed.
Notable Legal, Constitutional, or Political Implications
- Legal: Establishes federal jurisdiction over interstate adoption practices via commerce clause authority (U.S. Constitution, Article I, Section 8), filling gaps in state regulation without preempting stricter state laws. Penalties align with other federal child protection crimes but introduce a $2,500 threshold for payments, which could raise enforcement challenges in proving intent or amounts.
- Constitutional: Neutral on free speech, as advertising bans target commercial solicitation tied to commerce; exceptions for licensed entities mitigate overbreadth concerns. No apparent conflicts with parental rights or due process.
- Political: Bipartisan sponsorship (Republican lead with Democratic cosponsors) signals broad support for child welfare reform. Could spark debates on federal overreach into family law (traditionally state domain) or barriers to adoption access, though it emphasizes protection over restriction.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Aderholt, Robert B. [R-AL-4]
Cosponsors (15)
Rep. Davis, Danny K. [D-IL-7], Rep. Lee, Laurel M. [R-FL-15], Rep. Kamlager-Dove, Sydney [D-CA-37], Rep. Vindman, Eugene Simon [D-VA-7], Rep. Kelly, Mike [R-PA-16], Rep. Harshbarger, Diana [R-TN-1], Rep. Shreve, Jefferson [R-IN-6], Rep. Schweikert, David [R-AZ-1], Rep. Smith, Adam [D-WA-9], Rep. Craig, Angie [D-MN-2], Rep. Bacon, Don [R-NE-2], Rep. Hunt, Wesley [R-TX-38], Rep. Smucker, Lloyd [R-PA-11], Rep. Mann, Tracey [R-KS-1], Rep. Quigley, Mike [D-IL-5]
Recent Actions
- 2025-11-20: Referred to the House Committee on the Judiciary.
- 2025-11-20: Introduced in House
- 2025-11-20: Introduced in House
Bill Versions
- Adoption Deserves Oversight, Protection, and Transparency Act of 2025 — issued 2025-11-20 — PDF (10 pages)