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, particularly concerning private domestic interstate adoptions. It seeks to protect individuals and families from exploitation by unlicensed adoption intermediaries. The bill defines specific offenses related to adoption intermediary services, adoption advertising, and unauthorized payments to placing parents, establishing penalties for violations.
Expected Effects
The ADOPT Act of 2025 will likely lead to increased regulation and oversight of adoption services, especially those operating across state lines. It aims to reduce the risk of exploitation and commodification of children in private adoptions. Licensed agencies and attorneys would be less impacted, while unlicensed intermediaries would face criminal penalties.
Potential Benefits
- Protection Against Exploitation: Safeguards vulnerable individuals and families involved in private domestic interstate adoptions from unethical practices.
- Regulation of Adoption Services: Ensures that adoption services are provided by licensed and regulated professionals, promoting ethical conduct.
- Prevention of Commodification: Aims to prevent children from being treated as commodities in adoption processes.
- Clarity and Enforcement: Provides clear definitions of unlawful adoption practices, facilitating enforcement and prosecution of offenders.
- Interstate Commerce Regulation: By regulating activities that involve interstate commerce, the bill addresses a gap in current adoption laws.
Potential Disadvantages
- Potential for Increased Costs: Increased regulation and oversight may lead to higher costs for adoption services, potentially making adoption less accessible for some families.
- Possible Reduction in Adoption Options: Stricter regulations could reduce the number of available adoption intermediaries, limiting choices for placing and adoptive parents.
- Enforcement Challenges: Effectively monitoring and prosecuting unlawful adoption practices across state lines may present significant challenges.
- Unintended Consequences: The bill's broad definitions might inadvertently affect legitimate adoption-related activities.
- Potential for Over-Criminalization: Concerns that certain actions could be overly criminalized, leading to disproportionate penalties.
Constitutional Alignment
The ADOPT Act of 2025 appears to align with the Commerce Clause (Article I, Section 8, Clause 3) of the U.S. Constitution, as it regulates activities involving interstate commerce related to adoption services. By criminalizing certain unlawful adoption practices that cross state lines, the bill falls under Congress's authority to regulate interstate commerce. The bill does not appear to infringe upon individual liberties or rights protected by the Bill of Rights.
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).