How New Laws are Changing Adoption: What You Need to Know
A safe and secure adoption shouldn’t fall apart because a professional isn’t properly licensed, as advertised, and works with clients. There are 2 types of professionals you want to avoid: Rules are tightening fast: state laws, FTC enforcement, and a proposed federal law—the ADOPT Act—are all moving in the same direction: to protect families like you. This enforcement and a new federal law would mean these two types of professionals would become illegal or have their services severely impacted. The good news? You can easily recognize these professionals and protect your family for the future. If you want to read more in-depth coverage of state adoption laws and increased enforcement to stop illegal advertising, take this link. Translation: Get licensed or cease operations. Warning: Not all of them have stopped.Why This Matters to Your Family
What’s Already Changing
The Federal Government is Stepping In
If enacted, the ADOPT Act (H.R. 6220) would: Two provider types whose services would be negatively impacted by the Adopt Act. Risk to families: Here's an example of what it would look like for an agency that has been severely impacted by the federal law and has reduced its services.The ADOPT Act: Proposed New Federal Law to Protect Families
How to Spot Risk and Agencies Out of Compliance Now and Tomorrow
Three questions that protect every family:
1. Which states are you licensed in? (Ask for proof).
Good answer: Licensed in multiple states and completes the majority of placements in those states.
Red flag answer: Unlicensed or licensed in very few states (1-3), but claims to complete adoptions nationwide. Cannot or refuses to provide proof of licensure.
2. In which states are you currently advertising and handling cases?
Good answer: Advertising in licensed states. Supporting cases at different levels across states, but handling complete cases where they take the relinquishment in licensed states only.
Red flag answer: Generalize their advertising and handling of cases without specifically naming states. They claim not to track the numbers of cases handled or completed adoptions.
3. What percentage of your placements occur in states where you’re licensed?
Good answer: 90%+ placements occur in licensed states, with the remaining coming in specific situations outside of licensed states.
Red flag answer: They don't know or don't keep track of placement numbers. They are not licensed. They give a vague answer that isn't specific to year-after-year success rates.
If these answers don’t align, your risk of delays, denials, or unsuccessful outcomes increases, especially as enforcement tightens.
Bottom Line for Families
- Today: Many states already limit advertising to licensed entities. Verify licensure and where the professional actually works and advertises.
- Trend: The FTC is increasingly scrutinizing misleading claims and license misrepresentation.
If the ADOPT Act passes: Only providers licensed in a state could advertise there. Unlicensed intermediaries would be barred, and limited-license advertisers would be confined to their licensed states.
Practical next step: Use the questions above with any provider you’re considering. Then choose a professional whose advertising coverage matches their licensed territory. It’s the single best predictor of safety, reliability, and consistent results.
You don’t have to wonder if your adoption is safe. We’re built—and licensed—for the road ahead. Contact us today to learn more about the importance of the legal landscape of adoption and how to ensure your family avoids unnecessary risks.Why American Adoptions is Prepared to Help Your Family: Compliant Today
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.
