Recently, a bipartisan group of U.S. Senators and Representatives introduced the Adoption Deserves Oversight, Protection, and Transparency (ADOPT) Act in both chambers of Congress. H.R. 6170 was introduced in the House on November 20, 2025, and S.3285 was introduced in the Senate on December 1, 2025.
The Act intends to resolve problems posed by unlicensed intermediaries and unregulated adoption advertising practices by expanding protections for adoptive families, children, and expectant mothers.
In her latest article, KingSpry’s Adoption and ART Practice Chair and Family Law Attorney, Dorota Gasienica-Kozak, Esq., reviews the proposed bills and highlights how they may impact adoption practices across the nation, if enacted.
Purpose
The Act intends to protect individuals and families from exploitation by unlicensed adoption intermediaries, ensure that individuals have access to licensed and regulated adoption providers, and prevent the commodification of children in private domestic interstate adoptions.
Unlawful Adoption Practices
If enacted, the Act will restrict certain adoption intermediary services and advertising practices, as follows:
Adoption Intermediary Services
Adoption intermediary services are for-profit services that solicit placing or prospective adoptive parents for purposes of acting as a link between them. Essentially, intermediaries act as a “middleman” to connect placing and prospective parents and facilitate adoptions.
The Act will prohibit entities from soliciting placing or prospective parents, or acting as a link between them, unless they are:
- a public child-placing agency;
- a 501(c)(3) organization, exempt from taxation, that acts under a contract by a public child-placing agency;
- a private licensed child-placing agency;
- an attorney licensed in the State wherein the services are provided; or
- an accredited or approved adoption service provider.
By adopting these restrictions, the Act will prohibit unlicensed entities from offering adoption services. Without these restrictions, unlicensed intermediaries are enabled to charge adoptive families to broker adoptions without any oversight or accountability. This can lead to deceptive and unethical practices, interfering with the legal adoption process.
Adoption Advertising
Adoption advertising refers to paid advertisements that solicit placing or prospective adoptive parents for purposes of acting as a link between them. It also covers paid advertisements offering to provide anything of value to a placing or prospective parent in connection with the birth or adoption of a child, such as the coverage of medical or living expenses.
The Act will prohibit entities from placing adoption advertisements, unless they are:
- a public or private licensed child-placing agency licensed to provide services in the State the advertisement appears;
- a 501(c)(3) organization, exempt from taxation, that acts under a contract by a public child-placing agency;
- an attorney licensed in the State in which the advertisement appears; or
- an accredited or approved adoption service provider.
By enforcing these restrictions, the Act will protect adoptive families from unregulated advertising to ensure that advertising occurs only in States where the adoption professional is licensed to operate.
Unauthorized Payments
The Act will also restrict anyone from providing more than $2,500 in payments or benefits to a placing parent in connection with the birth of a child and adoption before the parent consults with a private licensed child-placing agency or licensed attorney in the State in which they reside.
Such payments are not restricted, however, if they are made by or in cooperation with a private licensed child-placing agency or licensed attorney in the State in which the parent resides, or a public agency.
Interstate/Foreign Commerce Requirement
The Act pertains only to conduct that occurs in or affects interstate or foreign commerce. This includes situations where a parent or intermediary travels across State lines or communicates through online interstate channels. Therefore, additional laws or restrictions may exist at the State or local level.
Penalties
Individuals who violate the Act may be fined up to $50,000, imprisoned for up to five years, or both. Organizations that violate the Act may be fined up to $100,000 per violation.
Key Takeaways
Overall, the Act will add federal oversight, increase accountability, and ensure that only licensed professionals can advertise or broker domestic interstate adoptions.
Although just recently introduced, the bills have already received bipartisan support from both chambers of Congress and adoption advocates across the nation. Individuals interested in supporting the proposed legislation are encouraged to contact their state and local representatives for more information.
