Adoption intermediaries act as facilitators between birth parents and prospective adoptive parents in private adoptions, receiving a matching fee of $15,000 to $40,000 for their services. However, these adoption intermediaries are unlicensed and are not required to have educational, social work or legal experience. Furthermore, they are not subject to supervision by the state and may use deceptive advertisements to solicit biological parents.  

The Federal Trade Commission issued a warning to 31 unlicensed adoption intermediaries regarding misleading consumers as it pertains to placement rates and times, suppressing negative reviews, and other unfair practices that may negatively affect birth parents and prospective adoptive parents. Thirty-one states and D.C. have prohibited unlicensed adoption intermediaries from advertising and operating. However, adoption intermediaries facilitate adoptions in Pennsylvania, and current law does not address whether they are allowed to advertise.

For this reason, we plan to introduce legislation that would prohibit unlicensed adoption intermediaries from providing services or engaging in adoption advertising. An offense under this legislation would be a fine. Additionally, a birth parent would be required to be provided with legal representation, unless the birth parent chooses to waive this right. A birth parent and a prospective adoptive parent would be required to have separate legal representation. Lastly, a home study for prospective adoptive parents may include a minimum of six hours of training on transracial adoption, attachment, and trauma-informed parenting.

This legislation would assist in ensuring birth parents and prospective adoptive parents are provided fair practices in the adoption process. Please join us in co-sponsoring this essential legislation.