ADOPT Act FAQs
Introduced in November 2023, and endorsed by NCFA, the ADOPT Act would reform existing law and strengthen ethical practices to better protect everyone involved in a private, domestic infant adoption.
Q: How does this impact intercountry adoption or foster care adoption?
A: It does not impact either of these types of adoption. The bill clearly states its purpose is to address private domestic adoption issues.
Q: What changes will this law bring to the field?
A: The ADOPT Act will bring two changes to the way some private domestic adoptions are handled: 1) It requires that any paid advertising designed to connect expectant parents with prospective adoptive parents be done by state-licensed entities (i.e., a licensed adoption agency or state-barred attorney); and 2) it will require that payments to expectant mothers exceeding $500 be made in cooperation with an agency or attorney in her state.
Q: Will The ADOPT Act prohibit interstate adoptions?
A: No, The ADOPT Act does not prohibit interstate adoptions.
Q: Will The ADOPT Act impact expectant parents’ choices?
A: No, The ADOPT Act does not address this issue. The bill sets no prohibition from expectant parents choosing the adoptive parents, the adoption agency of their choice, or the adoption attorney of their choice, regardless of whatever state they are located.
Q: How does this impact agencies’ websites and/or social media accounts?
A: The ADOPT Act puts prohibitions in place for paid advertisements. It does not penalize agencies for being found through organic search results or social media posts. It also does not prohibit licensed agencies or attorneys from utilizing paid advertisements in states where they are licensed to provide adoption services, subject to individual state laws.
Q: What if an expectant mother from a state where our agency isn’t licensed contacts us – can we work with her or do we have to refer her to someone else?
A: The ADOPT Act will not limit your ability to work with an expectant mother in a state where you are not licensed; however, already existing state laws may. The ADOPT Act does prohibit certain types of advertising and the method of some financial support to expectant parents, which may require a change in practices for some agencies and attorneys.
Q: Does this mean prospective parents cannot promote themselves in an attempt to be matched?
A: No, The ADOPT Act does not address this issue.
