I

104TH CONGRESS

2D SESSION H. R. 3983

To amend title 18, United States Code, to prohibit false statements in

the offering of adoption services and to prohibit certain persons from

soliciting or receiving compensation for placing a child for adoption,

and to express the sense of the Congress that there should be civil

remedies for victims of fraudulent adoption practices.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 2, 1996

Mr. GUTIERREZ introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend title 18, United States Code, to prohibit false

statements in the offering of adoption services and to

prohibit certain persons from soliciting or receiving compensation for placing a child for adoption, and to express

the sense of the Congress that there should be civil

remedies for victims of fraudulent adoption practices.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Anti-Fraudulent Inter5 country Adoption Practices Act of 1996’’.
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1 SEC. 2. CRIMINAL PROVISIONS.

2 (a) IN GENERAL.—Title 18 of the United States

3 Code is amended by redesignating chapter 2 as chapter

4 2B and inserting before such chapter the following:

5 ‘‘CHAPTER 2A—ADOPTION SERVICES

‘‘Sec.

‘‘21. False pretenses in connection with the offering of adoption services.

‘‘22. Placing a child for adoption for compensation.

‘‘23. Definitions.

‘‘24. Effect on State law and regulation.

6 ‘‘CHAPTER 2A—ADOPTION SERVICES

7 ‘‘§ 21. False pretenses in connection with the offering

8 of adoption services

9 ‘‘(a) It shall be unlawful for any person, offering to

10 perform any act or render any service in connection with

11 the placement of a child for adoption, to knowingly and

12 willfully falsify, conceal, or cover up by any trick, scheme,

13 or device a material fact, or make any false, fictitious, or

14 fraudulent statements or representations, or make or use

15 any false writing or document knowing the same to con16 tain any false, fictitious, or fraudulent statement or entry,

17 in connection with the performance of such act or the ren18 dition of such service or the offer to do so.

19 ‘‘(b) The material facts, documents, and representa20 tions referred to in subsection (a) include—

21 ‘‘(1) information about the political or legal

22 conditions and circumstances prevalent and antici23 pated in any country in which the legal proceedings
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1 of the adoption are to take place and which may af2 fect the adoption process, including, but not limited

3 to, information regarding how such conditions and

4 circumstances may affect the time period in which

5 the adoption process is to be completed; and

6 ‘‘(2) information released by the United States

7 Department of State in the form of travel notices

8 and other advisories regarding the adoption process

9 in any country in which the legal proceedings of the

10 adoption are to take place.

11 ‘‘(c) Any person who violates this section shall be im12 prisoned not more than 5 years, fined not more than

13 $10,000, or both.

14 ‘‘§ 22. Placing a child for adoption for compensation

15 ‘‘(a) It shall be unlawful for any person to knowingly

16 and willfully solicit or receive money or any thing of value,

17 or the promise thereof, for placing or arranging for the

18 placement of any child for adoption under circumstances

19 that would require or result in such child being trans20 ported in interstate or foreign commerce.

21 ‘‘(b) Any person who violates this section shall be im22 prisoned not more than 5 years, fined not more than

23 $10,000, or both.

24 ‘‘(c) This section shall not apply to any person who—
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1 ‘‘(1) solicits or receives money or any thing of

2 value as the bona fide agent of a child care or adop3 tion agency, public or private, which is authorized or

4 licensed by a State to place children for adoption, in

5 exchange for services rendered by the agency;

6 ‘‘(2) solicits or receives reasonable services ren7 dered in connection with the consultation regarding,

8 and the preparation and execution of documents nec9 essary to accomplish, the legal placement of a child

10 for adoption; or

11 ‘‘(3) solicits or receives reasonable fees solely in

12 connection with the consultation regarding, and the

13 rendition of, professional medical services related to

14 the prenatal care of a woman or the delivery, exam15 ination, or treatment of a child for adoption.

16 ‘‘§ 23. Definitions

17 ‘‘As used in this chapter:

18 ‘‘(1) The term ‘child’ has the meaning given

19 such term in section 101(b)(1)(F) of the Immigra20 tion and Nationality Act.

21 ‘‘(2) The term ‘State’ includes the District of

22 Columbia, the Commonwealth of Puerto Rico, the

23 Commonwealth of the Northern Mariana Islands,

24 the United States Virgin Islands, Guam, American
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1 Samoa, and the Trust Territory of the Pacific Is2 lands.

3 ‘‘§ 24. Effect on State law and regulation

4 ‘‘Nothing in this chapter shall be construed to limit

5 or otherwise affect the applicability or validity of any State

6 law or regulation that may govern the placement of chil7 dren in a home for adoption.’’.

8 (b) CLERICAL AMENDMENT.—The table of chapters

9 for part I of title 18, United States Code, is amended by

10 striking the item relating to chapter 2 and inserting the

11 following:

‘‘2A. Adoption practices .................................................................. 21

‘‘2B. Aircraft and motor vehicles ................................................. 31.’’.

12 SEC. 3. SENSE OF THE CONGRESS THAT THERE SHOULD BE

13 CIVIL REMEDIES FOR VICTIMS OF FRAUDU14 LENT ADOPTION PRACTICES.

15 (a) DEFRAUDING PROSPECTIVE ADOPTIVE PARENTS;

16 CIVIL REMEDIES.—It is the sense of the Congress that—

17 (1) any person who, having accepted money or

18 anything of value in connection with an offer of, or

19 performance of, any service or act relating to the

20 placement of a child for adoption, has committed a

21 violation of the provisions of chapter 2A of title 18,

22 United States Code, should be liable for damages to

23 any individual who has paid money or anything of

24 value for the performance of such service or act;
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1 (2) the district courts of the United States

2 should have jurisdiction to hear such cases regard3 less of the amount in controversy, and the plaintiff

4 in such actions should be entitled to recover any

5 money or thing of value (or the monetary equivalent

6 thereof) which was provided to the defendant in ex7 change for the offer or promise to perform the act

8 or service in question, in addition to punitive dam9 ages, costs of suit, and attorney’s fees, where appro10 priate; and

11 (3) the court may further impose such other

12 penalties that may be provided for by State or Fed13 eral law.

14 (b) DEFRAUDING BIRTH MOTHER; CIVIL REM15 EDIES.—It is further the sense of the Congress that—

16 (1) any person who, having agreed to pay the

17 expenses of a pregnant woman in return for the giv18 ing up of the child for adoption, commits an act of

19 fraud in either stating the agreement or in perform20 ing it, should, if such woman traveled in interstate

21 or foreign commerce because of the agreement, be

22 liable to such woman for damages incurred as a re23 sult of the failure to perform any act or service cov24 ered by such agreement;
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1 (2) the district courts of the United States

2 should have jurisdiction to hear such cases regard3 less of the amount in controversy, and the plaintiff

4 in such actions should be entitled to recover such

5 consequential and punitive damages, plus costs of

6 suit and attorney’s fees, as may be appropriate; and

7 (3) the court may further impose such other

8 penalties that may be provided for by State or Fed9 eral law.

Æ