2025 New Adoption Law: What Changes May be On the Way

When you choose an adoption service provider, you are doing so under the assumption they provide safe, ethical, and legal services. Unfortunately, not all professionals do.

Understanding the new adoption law proposed in the “ADOPT Act” helps you choose a provider that won’t expose you to unnecessary risks. Here, you will learn more about the act and some of the most common questions and answers surrounding the potential changes to the adoption process.

If you have questions about the new adoption law or what to look for in an adoption agency, you can always contact a trusted adoption professional for the answers you need.

New Adoption Law: What is The ADOPT Act?

In late 2023, Congress introduced the “ADOPT Act,” which aims to change federal adoption laws. If passed, the new adoption law would prohibit the practices of unlicensed adoption intermediaries, consultants, facilitators, and agencies. It would also require the federal government to publish a list of licensed adoption agencies in each state.

The act is intended to further protect prospective birth mothers and hopeful adoptive parents from unethical and illegal adoption practices many unlicensed intermediaries currently provide.

ADOPT Act Q&A

Although nothing has been officially passed or implemented, it appears that changes to the domestic adoption process are on the horizon. With the potential for such large, wide-spread changes, it is natural for there to be many different questions about the new adoption law proposed.

Question: How could the ADOPT Act impact your adoption process?

Answer: Depending on the adoption service provider you work with, the new adoption laws could impact your adoption process in several different ways.

Licensed Agency: If you choose to work with or are already working with an agency that is licensed, you likely won’t see any changes in your adoption process. Licensed agencies are organizations regulated and reviewed by state and federal governments. Licensing ensures the agency follows legal and ethical practices. Finding a trusted, licensed agency is always recommended, as it helps you avoid any unnecessary risks, especially if/when the ADOPT Act passes.

Unlicensed Intermediary (facilitator/consultant): If the ADOPT Act passes, your provider can no longer offer adoption services. This puts you at risk for not only a failed adoption but also financial risks, as most facilitators and consultants do not provide refund options. Even if the act is not passed, because they are unlicensed and unregulated, intermediaries expose you to unnecessary risks of scams, financial loss, and a failed adoption.

Question: What is the HR 6220 ADOPT Act?

Answer: The H.R. 6220 Adopt Act is the technical name for the new adoption law. It may also be referred to as the “Adoption Deserves Oversight, Protection and Transparency Act of 2023.”

Question: Which agencies will this affect?

Answer: The law will impact any and all agencies, facilitators, or consultants that provide adoption services without being licensed in the state services are offered. While facilitators and consultants are already illegal in many states’ laws, U.S. adoption laws do not currently have any regulation of these unlicensed providers at the federal level. This increases the chances of unethical and unlawful practices for prospective birth mothers and hopeful adoptive parents.

The ADOPT Act aims to change that and provide a higher level of protection for those involved in the adoption process.

Question: What if I am working with an unlicensed agency?

Answer: You will want to discuss the potential of the ADOPT Act with your provider. Express your concerns and determine what action (if any) they are taking to avoid complications for your adoption.

In late 2024, 31 unlicensed adoption service providers received a warning from the FTC. In a letter warning them of potential unethical and unlawful practices, the intermediaries were instructed to cease any unethical practices, or they could potentially face large fines and any further warranted actions.

With the risk of an abrupt shutdown, you may consider working with a licensed agency. Doing so will help avoid any potential risks the new adoption law may bring if passed and provide peace of mind that you are working with a safe, trusted service provider.

Contact an Adoption Professional

Finding the right adoption professional means working with a trusted, ethical, and legally operating provider. When you choose to work with an unlicensed intermediary, you are exposing yourself to unnecessary risks. If you have questions about the new adoption law, choosing the best adoption agency, or anything else related, contact a trusted professional to get the answers you need whenever you need them.