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Is Your Agency Legally Allowed to Help You Adopt?

Across the U.S., new state and federal laws are cracking down on unlicensed and limited-licensed adoption professionals.

If your agency isn’t licensed, or licensed in only one or two states, your adoption could be delayed, canceled or even forced to restart.

Why Laws Are Changing

For years, families have faced heartbreaking losses:

  • Promised short wait times that turned into years
  • Tens of thousands lost to failed or illegal adoptions
  • Unlicensed entities posing as agencies
  • Adoptions completed without proper legal oversight

Now, regulators are enforcing existing laws and introducing new ones, including the proposed ADOPT Act, to stop these risky practices.

Why This Matters for Families

Once the law takes effect, families working with these professionals could see their adoption coverage drop overnight, just like the chart below.

Federal Laws could shrink adoption access

When that happens, the results could be devastating:

❌ Adoptions shut down mid-process
❌ Lost fees with little or no refund
❌ Wait times that stretch for years

Even now, the Federal Trade Commission (FTC) has warned numerous organizations to stop deceptive advertising or face closure.

Approximately 35 current adoption professionals, representing over 700 active waiting families, could be directly affected.

Who’s Most at Risk

1. Unlicensed “National” Advertisers (Facilitators/Intermediaries)

Operate without a single state license — yet advertise nationwide.

  • Already banned in 33 states.
  • Under the new laws, they’ll be banned everywhere.

Impact on Families:

  • Lost fees and no refunds
  • Failed or overturned adoptions
  • Possible involvement in class-action lawsuits

2. Limited-Licensed “National” Agencies (1–2 State Licenses)

Advertise nationally but are licensed in only one or two states.
When enforcement tightens, they’ll be restricted to those states only.

Impact on Families:

  • Longer wait times
  • Fewer adoption opportunities
  • Higher risk of agency shutdowns

3. Multi-State Licensed Agencies (Fully Compliant)

Already licensed across many states and able to advertise and complete adoptions legally nationwide.

Impact on Families:

  • Shorter wait times
  • More birth mother connections
  • Greater stability and protection

How to Protect Your Adoption

Before you commit, ask every agency:

✅ Which states are you licensed in?
✅ Where do you advertise?
✅ What percentage of placements happen in licensed states?
✅ What is your average wait time and total cost?
✅ Have you received any FTC warnings?

If they hesitate or can’t answer clearly, really consider the risk your adoption faces.

The Safer Path: Work with Agencies Licensed in Numerous States

State laws already limit advertising to licensed agencies and attorneys, and a proposed federal law—the ADOPT Act—will make that standard nationwide.

American Adoptions is already fully compliant.

We are licensed in more states than any other agency, giving families the broadest legal reach and long-term stability as new laws take effect.

When others must shut down or limit their work, our families continue to move forward safely and without disruption.

Stay Protected for the Road Ahead

Laws are changing fast. Choose an agency that is already compliant today and built for tomorrow.

Your adoption should never depend on legal uncertainty.

Read more about how changing laws affect families

Disclaimer
Information available through these links is the sole property of the companies and organizations listed therein. American Adoptions provides this information as a courtesy and is in no way responsible for its content or accuracy.

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Frequently Asked Questions

Why is American Adoptions the right adoption agency choice for many birth mothers?

American Adoptions is one of the largest licensed adoption agencies in the United States. Each year, we work with thousands of women who are facing an unplanned pregnancy and offer assistance to these women. Our large, caring staff is able to assist you seven days a week and provide you with one-on-one counseling about your pregnancy and available options.

You should choose an adoption agency where you feel completely comfortable with their services and staff. With American Adoptions, you will work with an Adoption Specialist who is on-call 24 hours a day, 7 days a week. The Adoption Specialist will be your advocate and will provide support and guidance as you create an adoption plan that is right for you.

How will the family tell my child about me and the adoption when my child is older?

Each family has their own style of introducing adoption to the child. When you are matched with an adoptive family, you can ask them this question. If you would like your Adoption Specialist to discuss it for you, just let her know. He or she can share your wishes or provide good ideas from other adoptive families.

You will also be able to share what you want your baby to know about you. You can complete a keepsake booklet to share hobbies, stories, photos of you and your family and a letter to your baby. The adoptive family can provide this to your child as he or she grows older. Be as creative as you like! Some birth mothers have even knitted a special blanket as a gift to their baby or given a similar symbol of their love.

The father of your baby can fill out the birth father's keepsake booklet or write a letter too. You may have other family members who would also like to share photos or a letter to the baby. This is your opportunity to pass on your and your family's love and to share your personality, history and reasons for choosing adoption. The adoptive family will treasure whatever information you provide and will share it with the baby at an appropriate age. In most adoptive homes, the word adoption is in the child's vocabulary early on, and adoption is celebrated in their lives.

Additional Resources

Teen Pregnancy - Information for Young Women

While not every woman who chooses adoption is a young mother, many are. Through adoption, many young women have found an ability to give their babies the best life possible, while finding the opportunity to realize their own dreams, as well. Call American Adoptions today at 1-800-ADOPTION.

Read More

Adoption Glossary

Do adoption terms and phrases leave you feeling confused? Learn the meaning to key adoption words and phrases with our comprehensive adoption glossary.

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