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 com-
pensation 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Anti-Fraudulent Inter-
country Adoption Practices Act of 1996’’.
SEC. 2. CRIMINAL PROVISIONS.
(a) IN GENERAL.—Title 18 of the United States
Code is amended by redesignating chapter 2 as chapter
2B and inserting before such chapter the following:
‘‘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.
‘‘CHAPTER 2A—ADOPTION SERVICES
‘‘§ 21. False pretenses in connection with the offering
of adoption services
‘‘(a) It shall be unlawful for any person, offering to
perform any act or render any service in connection with
the placement of a child for adoption, to knowingly and
willfully falsify, conceal, or cover up by any trick, scheme,
or device a material fact, or make any false, fictitious, or
fraudulent statements or representations, or make or use
any false writing or document knowing the same to con-
tain any false, fictitious, or fraudulent statement or entry,
in connection with the performance of such act or the ren-
dition of such service or the offer to do so.
‘‘(b) The material facts, documents, and representa-
tions referred to in subsection (a) include—
‘‘(1) information about the political or legal
conditions and circumstances prevalent and antici-
pated in any country in which the legal proceedings
of the adoption are to take place and which may af-
fect the adoption process, including, but not limited
to, information regarding how such conditions and
circumstances may affect the time period in which
the adoption process is to be completed; and
‘‘(2) information released by the United States
Department of State in the form of travel notices
and other advisories regarding the adoption process
in any country in which the legal proceedings of the
adoption are to take place.
‘‘(c) Any person who violates this section shall be im-
prisoned not more than 5 years, fined not more than
$10,000, or both.
‘‘§ 22. Placing a child for adoption for compensation
‘‘(a) It shall be unlawful for any person to knowingly
and willfully solicit or receive money or any thing of value,
or the promise thereof, for placing or arranging for the
placement of any child for adoption under circumstances
that would require or result in such child being trans-
ported in interstate or foreign commerce.
‘‘(b) Any person who violates this section shall be im-
prisoned not more than 5 years, fined not more than
$10,000, or both.
‘‘(c) This section shall not apply to any person who—
‘‘(1) solicits or receives money or any thing of
value as the bona fide agent of a child care or adop-
tion agency, public or private, which is authorized or
licensed by a State to place children for adoption, in
exchange for services rendered by the agency;
‘‘(2) solicits or receives reasonable services ren-
dered in connection with the consultation regarding,
and the preparation and execution of documents nec-
essary to accomplish, the legal placement of a child
for adoption; or
‘‘(3) solicits or receives reasonable fees solely in
connection with the consultation regarding, and the
rendition of, professional medical services related to
the prenatal care of a woman or the delivery, exam-
ination, or treatment of a child for adoption.
‘‘§ 23. Definitions
‘‘As used in this chapter:
‘‘(1) The term ‘child’ has the meaning given
such term in section 101(b)(1)(F) of the Immigra-
tion and Nationality Act.
‘‘(2) The term ‘State’ includes the District of
Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,
the United States Virgin Islands, Guam, American
Samoa, and the Trust Territory of the Pacific Is-
lands.
‘‘§ 24. Effect on State law and regulation
‘‘Nothing in this chapter shall be construed to limit
or otherwise affect the applicability or validity of any State
law or regulation that may govern the placement of chil-
dren in a home for adoption.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
for part I of title 18, United States Code, is amended by
striking the item relating to chapter 2 and inserting the
following:
‘‘2A. Adoption practices ..................................................................
‘‘2B. Aircraft and motor vehicles .................................................
31.’’.
SEC. 3. SENSE OF THE CONGRESS THAT THERE SHOULD BE
CIVIL REMEDIES FOR VICTIMS OF FRAUDU-
LENT ADOPTION PRACTICES.
(a) DEFRAUDING PROSPECTIVE ADOPTIVE PARENTS;
CIVIL REMEDIES.—It is the sense of the Congress that—
(1) any person who, having accepted money or
anything of value in connection with an offer of, or
performance of, any service or act relating to the
placement of a child for adoption, has committed a
violation of the provisions of chapter 2A of title 18,
United States Code, should be liable for damages to
any individual who has paid money or anything of
value for the performance of such service or act;
(2) the district courts of the United States
should have jurisdiction to hear such cases regard-
less of the amount in controversy, and the plaintiff
in such actions should be entitled to recover any
money or thing of value (or the monetary equivalent
thereof) which was provided to the defendant in ex-
change for the offer or promise to perform the act
or service in question, in addition to punitive dam-
ages, costs of suit, and attorney’s fees, where appro-
priate; and
(3) the court may further impose such other
penalties that may be provided for by State or Fed-
eral law.
(b) DEFRAUDING
BIRTH
MOTHER; CIVIL
REM-
EDIES.—It is further the sense of the Congress that—
(1) any person who, having agreed to pay the
expenses of a pregnant woman in return for the giv-
ing up of the child for adoption, commits an act of
fraud in either stating the agreement or in perform-
ing it, should, if such woman traveled in interstate
or foreign commerce because of the agreement, be
liable to such woman for damages incurred as a re-
sult of the failure to perform any act or service cov-
ered by such agreement;
(2) the district courts of the United States
should have jurisdiction to hear such cases regard-
less of the amount in controversy, and the plaintiff
in such actions should be entitled to recover such
consequential and punitive damages, plus costs of
suit and attorney’s fees, as may be appropriate; and
(3) the court may further impose such other
penalties that may be provided for by State or Fed-
eral law.
Æ