H.R. 6170

[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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