People arranging adoptions would face restrictions on paid matching, paid advertising, and birth-related payments above $2,500, with exceptions for eligible providers and payments.
People who knowingly recruit or connect parents for adoption for payment would need to qualify for an exception. Exceptions include eligible agencies, lawyers, and certain international adoption providers.
Paid adoption ads would be restricted to exempt providers. Agencies and lawyers using the license exception would need a license in the state where the ad appears.
Birth-related adoption support above $2,500 would require prior consultation with a private licensed placement agency or a lawyer licensed where the parent lives or is located. Payments by or in cooperation with exempt providers or public entities are excepted.
For each covered violation, individuals would face a $50,000 fine, up to five years in prison, or both. Organizations would face a $100,000 fine per violation.
People would be barred from knowingly recruiting or connecting parents for adoption in exchange for direct or indirect payment unless an exception applies. Matching includes working through parents' representatives. A parent placing a child must have legal authority to do so. Exceptions cover public placement agencies, licensed or state-approved placement agencies, and tax-exempt nonprofit organizations working under contract with public placement agencies. Lawyers must be licensed in the state where they provide the services. Accredited or approved international adoption providers advertising international adoption services are also exempt.
People would be barred from knowingly placing paid adoption advertisements unless an exception applies. Paid ads include recruiting parents for adoption matching or offering money, care, or other support to parents placing children for adoption. Exceptions cover public or private licensed placement agencies licensed where the ad appears, lawyers licensed there, and tax-exempt nonprofit contractors of public placement agencies. Accredited or approved providers advertising international adoption programs are also exempt.
People would be barred from knowingly providing more than $2,500 in covered support before the parent's required consultation, unless a payment exception applies. Support includes money, property, or services benefiting a parent legally authorized to place the child. It must relate to the birth and help carry out an adoption. Payments made by or in cooperation with a placement agency or lawyer licensed where the parent lives or is located are exempt. Payments made by or in cooperation with a public agency or entity under law, including government benefits, are also exempt.
Individuals and organizations would face criminal penalties for covered adoption offenses. The rules cover conduct within the United States and its territories. They also cover specified connections to travel, trade, payments, or communications across state or national borders. The rules and penalties would take effect 120 days after enactment.
No hearings or votes scheduled.