States have their own laws about adoption. 32 states currently forbid unlicensed intermediaries from brokering adoptions, but Arkansas is not one of them. The ADOPT Ac, or “Adoption Deserves Oversight, Protection, and Transparency Act of 2023”, is a federal law introduced in Congress but currently stalled in committee. It would prevent unlicensed intermediaries from advertising or from offering services which properly should be provided by licensed adoption professionals.
What’s an unlicensed intermediary?
An unlicensed adoption intermediary is an individual or entity that acts as a middleman between prospective adoptive parents and birth parents in private adoptions, without being licensed as an adoption agency. They often charge significant fees for their services, which may include matching birth parents with adoptive families, providing legal and logistical support, and facilitating communication between the parties involved.
However, unlike licensed adoption agencies and adoption attorneys, unlicensed intermediaries are not subject to the same regulations and oversight. This means they may not have the same level of training, experience, or ethical standards as licensed professionals. As a result, there is a greater risk of unethical practices, such as charging excessive fees, making false promises, or failing to provide adequate support to birth parents and adoptive families.
It is important to be aware of the risks associated with using unlicensed adoption intermediaries.
How to avoid unlicensed intermediaries
One of the most important ways to protect yourself from unlicensed intermediaries is to choose a local professional. A qualified adoption lawyer is a great choice. A licensed adoption agency is another good choice. But unlicensed intermediaries often advertise in ways that imply that they are local and licensed.
If you have an unplanned pregnancy and use a search engine to find help, you may see ads for organizations that describe themselves as agencies but which are not state-licensed. Often their websites will not show a physical street address and will not mention their state. They may have a phone number which is not local to you even though they advertise in your community. These are red flags.
Make sure the when you choose an adoption professional, you choose a lawyer licensed in your state and located in your area, or an agency licensed in your state. In Arkansas, adoptions are under the jurisdiction of Arkansas courts only if the child or the adoptive parents are residents of Arkansas. The ADOPT Act has a number of statements about interstate commerce, specifically relating to the practice of advertising and providing adoption facilitation without the necessary state licensing.
Among local adoption professionals, make sure you choose a qualified, license attorney or agency.
Commodification of children
The ADOPT Act is intended the shield people from exploitation by these unlicensed intermediaries, and also to “Prevent the commodification of children.” Buying and selling children is absolutely illegal; unlicensed intermediaries may skirt around this law. That’s what the ADOPT Act has in mind when it talks about commodifying children.
Some of the behaviors forbidden by the act include placing advertisements recruiting expectant moms or adoptive parents and “provid[ing] anything of value, including money, property, or services, whether payment is made directly or indirectly for the benefit of the placing parent in furtherance of an adoption in an amount exceeding $500.” The bill makes it clear that advertising the services of a licensed adoption professional is not included in this description. Rather, they’re describing people or organizations “Acting as a link between placing parents of a child and prospective adoptive parents.”
Future of the ADOPT Act
The ADOPT Act is a bipartisan bill. “This comprehensive legislation protects adoptive families, children, and expectant mothers from exploitation by unlicensed adoption intermediaries and ensures that adoption providers and attorneys operate only in states where they are licensed to do so,” says the description at the website of one of the congressional reps who introduced the bill. “Adoption is one of the greatest gifts that can be given to a child. And for a child to find a loving, forever home is truly what every child deserves. This is why we must do all we can to make sure adoptions are completed aboveboard, and those willing to give so much, are not taken advantage of in the process.”
It can take time for a bill to be passed. This one was referred to the House Committee on the Judiciary last year and currently has nine cosponsors.