United States Senators Amy Klobuchar and Kevin Cramer have introduced two pieces of bipartisan legislation to support adoptive families and protect adopted children.
In her latest article, KingSpry’s Adoption and ART Practice Chair and Family Law Attorney, Dorota Gasienica-Kozak, Esq., reviews the proposed legislation and shares her key takeaways.
Supporting Adopted Children and Families Act
The first piece of legislation, S. 600, intends to create the Supporting Adopted Children and Families Act. If enacted, the Supporting Adopted Children and Families Act will amend Title 42 of the Social Security Act in an effort to support adoptive families by providing services and programs.
Purpose. The Act will specifically provide that it is the purpose of Section 621 of the Social Security Act “to promote State flexibility in the development and expansion of a coordinated child and family services program that utilizes community-based agencies and ensures all children are raised in safe, loving families, by…ensuring the well-being of adopted children and their adoptive families and promoting efforts to prevent such children from entering the foster care system through the provision of pre- and post-adoption support services.”
To accomplish this purpose, the Act will support adoptive families by providing pre- and post-adoption services, which includes mental health treatment.
Adoption Promotion and Support Services. The Act will define “adoption and support services” as “services and activities designed to encourage more adoptions out of the foster care system and support domestic adoptions and adoptions from other countries, consistent with promoting the best interests of adopted children and their adoptive families. Such services and activities may include pre- and post-adoption support services, as described in subparagraph (B), that are designed to support adopted children and their adoptive families.”
These services may include training, educational support, and counseling for adoptive parents and families, as well as peer-to-peer mentoring and support groups.
Federal Grant Program. Notably, the Act will require the Secretary of Health and Human Services to reserve $20,000,000 for grants to be awarded to post-adoption and post-legal guardianship mental health service programs.
Safe Home Act of 2025
The second piece of legislation, S. 604, intends to create the Safe Home Act of 2025. If enacted, the Safe Home Act will amend Title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 in an effort to better protect adoptive children.
Establishing the “Sense of Congress.” The Act will establish a “sense of Congress”, recognizing that there are challenges associated with some adoptions and that some families may seek out an unregulated transfer of physical custody of an adoptive child without any formal supervision, among several other important considerations. The Act will further recognize the harmful impact unregulated custody transfers may have on adopted children, such as the placement of children in unsafe homes.
Technical Assistance and Public Awareness. The Act will task the Secretary of Health and Human Services with improving public awareness related to preventing adoption disruption and dissolution, which includes preventing unregulated custody transfers of adopted children. The Secretary will also be responsible for updating Federal resources to provide prospective adoptive families with information regarding access to pre-adoption education and post-adoption services from state, local, and private resources to promote child permanency.
Key Takeaways for Families
Senator Cramer summarized the potential impact of the proposed legislation, emphasizing that the bills will “ensure [that] children are not neglected and families have the support services they need throughout the adoption process.”
Individuals interested in supporting the proposed legislation are encouraged to contact their state and local representatives for more information.
If you or your family have questions regarding adoption, KingSpry’s ART Law Group Chair, Dorota Gasienica-Kozak, Esq., is prepared to assist you. Gasienica-Kozak is a fellow of the Academy of Adoption and Assisted Reproduction Attorneys (AAAA), a member of the American Society of Reproductive Medicine (ASRM), a member of SEEDS, a promoter for RESOLVE: The National Infertility Association, and a committee member of the American Bar Association’s Family and ART Law sections.
heARTbeat is a publication of KingSpry’s Adoption and Assisted Reproductive Technology Law Group. These articles are meant to be informational and do not constitute legal advice.
