Adoption Deserves Oversight, Protection, and Transparency Act of 2025; ADOPT Act of 2025
Summary
The Adoption Deserves Oversight, Protection, and Transparency Act of 2025 (ADOPT Act of 2025) aims to criminalize unlawful adoption practices, specifically targeting unlicensed adoption intermediaries and the commodification of children in private domestic interstate adoptions. The bill amends Title 18 of the United States Code to define and prohibit specific actions related to adoption intermediary services, adoption advertising, and unauthorized payments to placing parents. It establishes exceptions for licensed agencies, attorneys, and accredited adoption service providers.
The Act defines offenses related to adoption intermediary services and advertising, setting penalties for violations. It also addresses unauthorized payments to placing parents exceeding $2,500 before consultation with licensed professionals. The bill includes a rule of construction to ensure it does not affect the Indian Child Welfare Act, intercountry adoption programs, or more stringent state and local requirements.
Finally, the Act specifies an effective date 120 days after enactment and includes clerical amendments to update the table of chapters and sections in Title 18.
Expected Effects
The ADOPT Act of 2025 is likely to reduce exploitation in private domestic interstate adoptions by criminalizing certain practices. It will likely increase the use of licensed adoption agencies and attorneys, potentially making the adoption process more regulated and transparent. This could lead to fewer instances of fraud and coercion in adoption arrangements.
However, it may also increase the cost and complexity of adoptions, potentially creating barriers for some families. The Act's focus on interstate commerce suggests a limited federal role, leaving room for state-level regulation and enforcement.
Ultimately, the effectiveness of the Act will depend on its enforcement and interpretation by the courts.
Potential Benefits
- Increased Protection for Vulnerable Parties: The Act aims to protect placing parents and prospective adoptive parents from exploitation by unlicensed intermediaries.
- Greater Transparency: By criminalizing unlawful practices, the Act promotes transparency in the adoption process.
- Regulation of Adoption Services: The Act encourages the use of licensed and regulated adoption providers.
- Reduced Commodification of Children: The Act seeks to prevent the treatment of children as commodities in adoption proceedings.
- Clearer Legal Framework: The Act establishes a clearer legal framework for adoption practices, reducing ambiguity and potential for abuse.
Potential Disadvantages
- Potential Increase in Adoption Costs: Increased regulation and reliance on licensed agencies and attorneys could raise the financial burden of adoption.
- Possible Reduction in Adoption Options: Criminalizing certain practices may limit the available options for adoption, particularly for those seeking independent adoptions.
- Enforcement Challenges: The Act's reliance on interstate commerce connections may create challenges in enforcement.
- Potential for Unintended Consequences: The Act's broad definitions of unlawful practices could inadvertently affect legitimate adoption activities.
- Limited Scope: The Act primarily focuses on interstate adoptions, leaving intrastate adoptions largely unregulated at the federal level.
Constitutional Alignment
The ADOPT Act of 2025 appears to align with the U.S. Constitution, particularly through the Commerce Clause (Article I, Section 8, Clause 3), which grants Congress the power to regulate interstate commerce. The Act's provisions targeting adoption practices that involve interstate travel, communication, or payments fall under this authority.
Additionally, the Act's focus on protecting vulnerable individuals and families aligns with the general welfare clause of the Constitution's preamble. By aiming to prevent exploitation and ensure transparency in adoption processes, the Act promotes the well-being of children and families involved in interstate adoptions.
However, the Act's potential impact on individual liberties and privacy should be considered. While the Act aims to prevent unlawful practices, it must be implemented in a manner that respects the rights of individuals to make decisions about their families and reproductive choices, as protected by the Due Process Clause of the Fifth and Fourteenth Amendments.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).