ADOPT Act of 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6170 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 6170

To amend title 18, United States Code, to criminalize unlawful adoption
                               practices.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 20, 2025

 Mr. Aderholt (for himself, Mr. Davis of Illinois, Ms. Lee of Florida,
    and Ms. Kamlager-Dove) introduced the following bill; which was
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

To amend title 18, United States Code, to criminalize unlawful adoption
                               practices.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Adoption Deserves Oversight,
Protection, and Transparency Act of 2025'' or the ``ADOPT Act of
2025''.

SEC. 2. PURPOSE.

    The purpose of this Act is to--
            (1) protect individuals and families impacted by private
        domestic interstate adoption from exploitation by unlicensed
        adoption intermediaries;
            (2) ensure that individuals seeking assistance with private
        domestic interstate adoption have ready access to licensed and
        regulated adoption providers in their communities; and
            (3) prevent the commodification of children who are the
        subjects of private domestic interstate adoptions.

SEC. 3. ADOPTION OFFENSE.

    (a) In General.--Chapter 11A of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 228A. Unlawful adoption practices
    ``(a) Definitions.--In this section:
            ``(1) Adoption advertising.--The term `adoption
        advertising' means a paid advertisement, article, notice, or
        other paid communication published in any newspaper, magazine,
        or on the internet, on a billboard, over radio or television,
        or any public media that--
                    ``(A) solicits prospective adoptive parents for the
                purpose of acting as a link between a placing parent
                and a prospective adoptive parent, or the
                representative, attorney, or agency of a prospective
                adoptive parent or placing parent, for the placement of
                a child for adoption;
                    ``(B) solicits placing parents for the purpose of
                acting as a link between a placing parent and a
                prospective adoptive parent, or the representative,
                attorney, or agency of a prospective adoptive parent or
                placing parent, for the placement of a child for
                adoption; or
                    ``(C) offers to disburse any thing of value,
                including living expenses, medical or hospital care, or
                any other expenses of a placing parent in connection
                with the birth or adoption of a child.
            ``(2) Adoption intermediary services.--The term `adoption
        intermediary services' means the provision of any of the
        following services, in exchange for direct or indirect
        compensation:
                    ``(A) Soliciting placing parents, whether through
                adoption advertising or other means, for the purposes
                of acting as a link between a placing parent and a
                prospective adoptive parent, or the representative,
                attorney, or agency of a prospective adoptive parent or
                placing parent, for the placement of a child for
                adoption.
                    ``(B) Soliciting prospective adoptive parents,
                whether through adoption advertising or other means,
                for the purpose of acting as a link between a placing
                parent and a prospective adoptive parent, or the
                representative, attorney, or agency of a prospective
                adoptive parent or placing parent, for the placement of
                a child for adoption.
                    ``(C) Acting as a link between placing parents of a
                child and prospective adoptive parents, whether
                directly or through the representative, attorney, or
                agency of a prospective adoptive parent or placing
                parent, for the placement of a child for adoption.
            ``(3) Placing parent.--The term `placing parent' means a
        parent with legal authority to place the child for adoption.
            ``(4) Public child-placing agency.--The term `public child-
        placing agency' means any government child welfare agency or
        child protection agency that has the legal authority to place
        children for adoption.
            ``(5) Private licensed child-placing agency.--The term
        `private licensed child-placing agency' means a licensed or
        State approved agency that has the legal authority to place
        children for adoption.
    ``(b) Adoption Intermediary Services.--
            ``(1) Offense.--Whoever, in any circumstance described in
        subsection (e), knowingly provides adoption intermediary
        services shall be punished as provided in accordance with
        subsection (f).
            ``(2) Exception.--Paragraph (1) shall not apply to--
                    ``(A) a public child-placing agency;
                    ``(B) an organization described in section
                501(c)(3) of the Internal Revenue Code of 1986 and
                exempt from taxation under section 501(a) of such Act
                that is acting under contract by a public child-placing
                agency;
                    ``(C) a private licensed child-placing agency;
                    ``(D) an attorney licensed in the State in which
                the intermediary services are provided; or
                    ``(E) an adoption service provider accredited or
                approved in accordance with title II of the
                Intercountry Adoption Act of 2000 (42 U.S.C. 14921 et
                seq.) advertising provision of services through an
                intercountry adoption program.
    ``(c) Adoption Advertising.--
            ``(1) Offense.--Whoever, in any circumstance described in
        subsection (e), knowingly places an adoption advertisement
        shall be punished in accordance with subsection (f).
            ``(2) Exception.--Paragraph (1) shall not apply to--
                    ``(A) a public child-placing agency or private
                licensed child-placing agency licensed to provide
                services in the State in which the advertisement
                appears;
                    ``(B) an organization described in section
                501(c)(3) of the Internal Revenue Code of 1986 and
                exempt from taxation under section 501(a) of such Act
                that is acting under contract by a public child-placing
                agency;
                    ``(C) an attorney licensed in the State in which
                the advertisement appears; or
                    ``(D) an adoption service provider accredited or
                approved in accordance with title II of the
                Intercountry Adoption Act of 2000 (42 U.S.C. 14921 et
                seq.) advertising an intercountry adoption program.
    ``(d) Unauthorized Payments to or on Behalf of a Placing Parent.--
            ``(1) Offense.--Whoever, in any circumstance described in
        subsection (e), knowingly provides any thing of value,
        including money, property, or services (including medical or
        hospital care), whether payment is made directly or indirectly
        for the benefit of the placing parent in connection with the
        birth of a child and in furtherance of an adoption in an amount
        exceeding $2,500, before the consultation of a placing parent
        with a private licensed child-placing agency or attorney
        licensed in the State where the placing parent resides or is
        located, shall be punished in accordance with subsection (f).
            ``(2) Exception.--Paragraph (1) shall not apply with
        respect to any payment made by or in cooperation with--
                    ``(A) a private child-placing agency licensed in
                the State in which the placing parent resides or is
                located;
                    ``(B) an attorney licensed in the State in which
                the placing parent resides or is located; or
                    ``(C) a public agency or entity pursuant to any law
                or regulation, including any entitlement benefit,
                public assistance, or similar government support.
    ``(e) Applications.--For the purposes of subsections (b), (c), and
(d), the circumstances under which those subsections apply are--
            ``(1) the defendant, placing parent, or prospective
        adoptive parent traveled in interstate or foreign commerce or
        traveled using a means, channel, facility, or instrumentality
        of interstate or foreign commerce, in furtherance of or in
        connection with the conduct described in subsection (b), (c),
        or (d);
            ``(2) the defendant knowingly used a means, channel,
        facility, or instrumentality of interstate or foreign commerce,
        in furtherance of or in connection with the conduct described
        in subsection (b), (c), or (d);
            ``(3) the defendant knowingly made a payment, directly or
        indirectly, using any means, channel, facility, or
        instrumentality of interstate or foreign commerce or in or
        affecting interstate commerce, in furtherance of or in
        connection with the conduct described in subsection (b), (c),
        or (d);
            ``(4) the defendant knowingly transmitted in interstate or
        foreign commerce any communication using any means, channel, or
        facility, or instrumentality of interstate or foreign commerce,
        including wire or computer, in furtherance of or in connection
        with the conduct described in subsection (b), (c), or (d);
            ``(5) the conduct described in subsection (b), (c), or (d)
        occurred within the territorial jurisdiction of the United
        States, or any territory or possession of the United States; or
            ``(6) the conduct described in subsection (b) otherwise
        occurred in or affected interstate or foreign commerce.
    ``(f) Penalty.--Whoever violates subsection (b), (c), or (d)--
            ``(1) in the case of an individual, shall be fined $50,000,
        imprisoned for not more than 5 years, or both per violation; or
            ``(2) in the case of an organization, shall be fined
        $100,000 per violation.
    ``(g) Rule of Construction.--Nothing in this section may be
construed to--
            ``(1) affect the application of the Indian Child Welfare
        Act of 1978 (25 U.S.C. 1901 et seq.);
            ``(2) limit the provision of intercountry adoption programs
        and services authorized under the Intercountry Adoption Act of
        2000 (42 U.S.C. 14901 et seq.); or
            ``(3) prohibit a State or local government from enacting or
        enforcing requirements that are more stringent than the
        requirements established under this section.''.
    (b) Clerical Amendments.--
            (1) Table of chapters.--The table of chapters for part I of
        title 18, United States Code, is amended by adding at the end
        the following:

``11A. Child support and unlawful adoption practices........     228''.
            (2) Chapter heading.--The chapter heading for chapter 11A
        of title 18, United States Code, is amended by inserting ``AND
        UNLAWFUL ADOPTION PRACTICES'' after ``CHILD SUPPORT''.
            (3) Table of sections.--The table of sections for chapter
        11A of title 18, United States Code, is amended by adding after
        the item relating to section 228, the following:

``228A. Unlawful adoption practices.''.

SEC. 4. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on
the date that is 120 days after the date of enactment of this Act.
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