Ensuring Your Adoption Is Legal Today--and Tomorrow

Current Regulatory Landscape

State Advertising Laws

Currently, 33 states prohibit adoption-related advertising by anyone other than licensed professionals. Penalties for violating these laws range from civil fines—such as California’s $2,500 per advertisement—to serious criminal charges, including child trafficking.

Some unlicensed professionals present themselves as consultants, media companies, or facilitators in an attempt to circumvent these restrictions. But this raises an important question: If advertising legally is their goal, why haven’t they simply obtained licenses in the required states?

While several organizations continue to advertise where they shouldn’t, enforcement is increasing. Even if these professionals seem to operate in some states without issue today, partnering with them could expose you to serious legal risks, especially as more states begin actively cracking down on violations.

Federal Oversight – FTC Action

The Federal Trade Commission recently issued formal warning letters to 31 unlicensed adoption professionals, ordering them to cease operations or face fines of up to $50,000 per violation.

Ask your adoption professional directly: Did they receive an FTC warning letter?

Emerging and Future Protections

1. The ADOPT Act

Now under review in the U.S. House of Representatives, the ADOPT Act would prohibit unlicensed professionals from working with expectant mothers in any state where they’re not licensed. If passed, this law would effectively shut down many national facilitators and consultants.  It will also restrict agencies that currently advertise in all fifty states but are only licensed in a few.

2. Tighter State Laws

States are rapidly strengthening existing laws. Recent changes in Tennessee and California have added enforcement power and increased penalties for noncompliance.

3. Attorney General & ICPC Crackdowns

Regulatory enforcement is intensifying in two ways:

• Attorney General (AG) Offices are issuing cease-and-desist letters to unlicensed operators.
• ICPC (Interstate Compact) Offices are increasingly rejecting out-of-state adoptions unless the professional is licensed in the expectant mother’s state.
  Example: Georgia recently blocked hundreds of adoptions under this policy.

What This Means for You

Choose an agency that is fully licensed and prepared for regulatory changes like the ADOPT Act.

Otherwise, your wait time could increase dramatically, or your adoption may never happen.

How Some Adoption Professionals Will Be Impacted

This isn’t just about cost—it’s about legality and completion. Regulatory changes could invalidate entire adoption processes.

Here’s how the landscape may change:

• An agency licensed in only two states—but advertising nationwide—would be restricted to operating only in those two states.
• Some adoption professionals could see their services disrupted by 10% to 90% depending on their licensing and model.

Future Compliance Reality

• Agencies with limited state licenses will be reduced to operating in only those states.
• Limited licensed and unlicensed agencies acting as national providers will face strict enforcement.
• Unlicensed agencies will be prohibited from providing any adoption-related service.