S. 3285: Adoption Deserves Oversight, Protection, and Transparency Act of 2025 (119th Congress) Bill Summary

The Adoption Deserves Oversight, Protection, and Transparency Act of 2025 (ADOPT Act) aims to address issues related to private domestic interstate adoptions in the United States. The primary objectives of this legislation are to protect individuals and families from exploitation during the adoption process, ensure access to licensed and regulated adoption providers, and prevent the commodification of children involved in these adoptions.

Key Provisions

Criminalizing Unlawful Adoption Practices: The Act establishes new offenses for unlawful adoption practices, specifically targeting unlicensed adoption intermediaries who facilitate adoptions without proper authorization.
Definitions: The bill introduces several definitions, including:
- Adoption advertising: Refers to advertisements that seek to connect potential adoptive parents and placing parents (those legally able to put a child up for adoption).
- Adoption intermediary services: Services provided to link placing parents with prospective adoptive parents for a fee.
- Placing parent: A parent with the legal authority to place a child for adoption.
- Public and private child-placing agencies: Definitions distinguishing between government agencies and licensed private organizations authorized to place children for adoption.
Prohibiting Unauthorized Payments: The Act makes it illegal to provide any form of compensation, including medical expenses, in connection with an adoption without going through a licensed agency or attorney when the amount exceeds $2,500 and prior consultation has not occurred.
Regulations on Adoption Advertising: It is illegal to knowingly place an adoption advertisement unless it complies with the established exemptions (e.g., advertisements by licensed agencies or attorneys).
Increased Penalties: Violators of the new provisions face significant penalties, including fines of up to $50,000 and imprisonment for up to five years for individuals or fines of up to $100,000 for organizations per violation.

Exceptions

Several exceptions are included. For instance, public and private licensed child-placing agencies, attorneys, and certain accredited adoption service providers may conduct activities related to adoption without facing penalties under this Act.

Scope and Application

The framework of the Act applies if the involved parties utilize interstate commerce or if the adoption-related activities occur across state lines. This includes various actions that can impact adoption practices and organizations, making it a federal concern.