Read twice and referred to the Committee on the Judiciary.
This bill (ADOPT Act of 2025) adds a new federal criminal offense to title 18 of the U.S. Code labeled “Unlawful adoption practices.” It prohibits unlicensed persons or entities from providing adoption intermediary services, placing adoption-related paid advertising, or making payments over $2,500 to a placing parent in connection with an adoption before that parent first consults a licensed child‑placing agency or a licensed attorney. The statute defines key terms (e.g., adoption advertising, adoption intermediary services, placing parent) and lists exceptions for public agencies, licensed or state‑approved child‑placing agencies, attorneys, certain 501(c)(3) organizations acting under contract, and accredited intercountry adoption providers.
Scope and level of federal involvement: liberals and centrists accept federal role for interstate cases; conservatives view it as federal overreach.
Relative to its intended legislative type, this bill is a well-specified substantive change that clearly defines criminal offenses, exceptions, and penalties for unlawful adoption practices, but it omits fiscal, enforcement implementation, and accountability details that would typically accompany a nationwide criminal statute affecting state-regulated systems.
This bill (ADOPT Act of 2025) adds a new federal criminal offense to title 18 of the U.S. Code labeled “Unlawful adoption practices.” It prohibits unlicensed persons or entities from providing adoption intermediary services, placing adoption-related paid advertising, or making payments over $2,500 to a placing parent in connection with an adoption before that parent first consults a licensed child‑placing agency or a licensed attorney.
The statute defines key terms (e.g., adoption advertising, adoption intermediary services, placing parent) and lists exceptions for public agencies, licensed or state‑approved child‑placing agencies, attorneys, certain 501(c)(3) organizations acting under contract, and accredited intercountry adoption providers.
The law applies when the conduct involves or affects interstate or foreign commerce or occurs within U.S. jurisdiction; penalties include fines and imprisonment (up to 5 years for individuals, fines for organizations).
On content alone, the bill is a moderate‑scope, non‑transformational measure framed around child protection with built‑in carve‑outs and no new spending. Those features improve its prospects. Remaining obstacles include concerns about federal criminalization of adoption intermediaries, possible opposition from affected private facilitators or faith‑based organizations, and the need for accommodations on definitional clarity and enforcement—factors that keep certainty moderate rather than high.
Relative to its intended legislative type, this bill is a well-specified substantive change that clearly defines criminal offenses, exceptions, and penalties for unlawful adoption practices, but it omits fiscal, enforcement implementation, and accountability details that would typically accompany a nationwide criminal statute affecting state-regulated systems.
Scope and level of federal involvement: liberals and centrists accept federal role for interstate cases; conservatives view it as federal overreach.
These are examples from the analysis, not a ranked list of the most-affected groups.
Scope and level of federal involvement: liberals and centrists accept federal role for interstate cases; conservatives view it as federal overreach.
A mainstream progressive would likely view this bill positively for its stated goals: protecting vulnerable placing parents and children from exploitation, curbing a commercial market for children, and directing prospective placing parents to regulated providers.
They would welcome federal backstops where interstate actors can evade state rules, and the exceptions for public agencies and licensed providers align with preserving regulated services.
However, they would be concerned about whether the law sufficiently protects low-income placing parents who need support and whether the $2,500 threshold or criminal penalties could chill legitimate help or informal placements.
A moderate would view the bill as a reasonable effort to close a clear gap: unscrupulous actors operating across state lines can exploit placing parents, and a federal backstop is defensible for interstate commerce cases.
They would appreciate the explicit exceptions for licensed agencies and attorneys and the preservation of state authority in the rule of construction.
At the same time, they would worry about federalizing an area traditionally regulated by states, potential overbroad definitions (e.g., advertising, intermediary services), and the administrative/fiscal burden of enforcement.
A mainstream conservative would appreciate the bill’s aim to curb exploitative actors and protect children, but would be skeptical about adding new federal criminal prohibitions in an area typically governed by state law.
They would be concerned the interstate-commerce hooks and broad definitions could expose ordinary individuals, faith-based groups, or small nonprofits to federal prosecution.
The criminal penalties and organization fines may be seen as heavy-handed, and the $2,500 pre‑consultation payment ban could hamper legitimate aid to birth parents.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
On content alone, the bill is a moderate‑scope, non‑transformational measure framed around child protection with built‑in carve‑outs and no new spending. Those features improve its prospects. Remaining obstacles include concerns about federal criminalization of adoption intermediaries, possible opposition from affected private facilitators or faith‑based organizations, and the need for accommodations on definitional clarity and enforcement—factors that keep certainty moderate rather than high.
The bill has not accumulated any surfaced votes yet.
Scope and level of federal involvement: liberals and centrists accept federal role for interstate cases; conservatives view it as federal o…
On content alone, the bill is a moderate‑scope, non‑transformational measure framed around child protection with built‑in carve‑outs and no…
Relative to its intended legislative type, this bill is a well-specified substantive change that clearly defines criminal offenses, exceptions, and penalties for unlawful adoption practices, but it omits fiscal, enforce…
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