118 HR 6220 IH: Adoption Deserves Oversight, Protection, and Transparency Act of 2023
U.S. House of Representatives
2023-11-03
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I
118th CONGRESS
1st Session
H. R. 6220
IN THE HOUSE OF REPRESENTATIVES
November 3, 2023
Ms. Kuster (for herself, Mr. Lamborn, and Mr. Aderholt) 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.
1.

Short title
This Act may be cited as the “Adoption Deserves Oversight, Protection, and Transparency Act of 2023” or the “ADOPT Act of 2023”.
2.

Purpose
The purpose of this Act is to:
(1)
Protect individuals and families impacted by private domestic adoption from exploitation by unlicensed adoption intermediaries.
(2)
Ensure that individuals seeking assistance with domestic adoption have ready access to licensed and regulated adoption providers in their communities.
(3)
Prevent the commodification of children.
3.

Adoption offense
(a)

In general
Chapter 11A of title 18, United States Code, is amended by adding at the end the following:
“228A.

Unlawful adoption practices
(a)

Adoption intermediary services
(1)

Offense
Whoever, in any circumstance described in subsection (d), knowingly provides or offers to provide adoption intermediary services shall be punished as provided in accordance with subsection (e).
(2)

Exception
Paragraph (1) shall not apply to—
(A)
a public child-placing agency;
(B)
a private licensed child-placing agency; or
(C)
a licensed attorney.
(b)

Adoption advertising
(1)

Offense
Whoever, in any circumstance described in subsection (d), knowingly places an adoption advertisement shall be punished in accordance with subsection (e).
(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 wherein the advertisement appears;
(B)
an attorney licensed in the State wherein the advertisement appears; or
(C)
an adoption service provider accredited or approved in accordance with the Intercountry Adoption Act of 2000 (42 U.S.C. 1490 note) advertising an intercountry adoption program.
(c)

Unauthorized payments to or on behalf of a placing parent
(1)

Offense
Whoever, in any circumstance described in subsection (d), knowingly provides anything of value, including money, property, or services, whether payment is made directly or indirectly for the benefit of the placing parent in furtherance of an adoption in an amount exceeding $500, shall be punished in accordance with subsection (e).
(2)

Exception
Paragraph (1) shall not apply with respect to payments made by or in cooperation with—
(A)
a private child-placing agency licensed in the State where the placing parent resides or is located; or
(B)
an attorney licensed in the State where the placing parent resides or is located.
(d)

Applications
For the purposes of sections (a), (b), and (c), the circumstances described in these subsections are that—
(1)
the offender or victim traveled in interstate commerce, or traveled using a means, channel, facility, or instrumentality of interstate commerce, in furtherance of or in connection with the conduct described in subsections (a), (b), or (c);
(2)
the offender used a means, channel, facility, or instrumentality of interstate commerce in furtherance of or in connection with the conduct described in subsections (a), (b), or (c);
(3)
any payment of any kind was made, directly or indirectly, in furtherance of or in connection with the conduct described in subsections (a), (b), or (c) using any means, channel, facility, or instrumentality of interstate commerce or in or affecting interstate commerce;
(4)
the offender transmitted in interstate commerce any communication relating to or in furtherance of the conduct described in subsections (a), (b), or (c) using any means, channel, facility, or instrumentality of interstate commerce or in or affecting interstate commerce by any means or in manner, including by computer, mail, wire, or electromagnetic transmission; or
(5)
the conduct described in subsection (a) otherwise occurred in or affected interstate or foreign commerce.
(e)

Penalty
Whoever violates subsection (a), (b), or (c)—
(1)
in the case of an individual, shall be fined $100,000, imprisoned for not more than 5 years, or both, per violation; or
(2)
in the case of an organization, shall be fined $250,000 per violation.
(f)

Rule of construction
Nothing in this section may be construed to affect the application of the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.) or limit the provision of intercountry adoption programs and services authorized under the Intercountry Adoption Act of 2000 (42 U.S.C. 14921).
(g)

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 other similar 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 prospective adoptive parent’s representative, attorney, or agency, for the transfer of legal or physical custody of a child, including adoptive placement;
(B)
solicits placing parents for the purpose of acting as a link between a placing parent and a prospective adoptive parent, or the prospective adoptive parent’s representative, attorney, or agency, for the transfer of legal or physical custody of a child, including adoptive placement; or
(C)
offers to pay a placing parent’s living expenses in connection with any transfer or potential transfer of legal or physical custody of a child, including adoptive placement.
(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 prospective adoptive parent’s representative, attorney, or agency, for the transfer of legal or physical custody of their child, including adoptive placement.
(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 prospective adoptive parent’s representative, attorney, or agency, for the transfer of legal or physical custody of a child, including adoptive placement.
(C)
Acting as a link between placing parents of a child and prospective adoptive parents, whether directly or through the prospective adoptive parents’ representative, agency, or attorney, for the purpose of the transfer of physical or legal custody of the child, including adoptive placement.
(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)

Clerical amendments
(1)

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”.
(2)

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.”.
4.

Effective date
The amendments made by this Act shall take effect on the date that is 120 days after the date of the enactment of this Act.