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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3285 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3285
To amend title 18, United States Code, to criminalize unlawful adoption
practices.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 1, 2025
Ms. Klobuchar (for herself, Mrs. Britt, Mr. Blumenthal, Mrs. Blackburn,
Mr. Cramer, Ms. Hirono, and Mr. Husted) introduced the following bill;
which was read twice and 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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