Regulation of Private Domestic Adoption Expenses - West Virginia

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Birth Parent Expenses Allowed

Citation: Ann. Code § 61-2-14h(e)

The following payments are permitted:

  • Reasonable and customary legal, medical, hospital, or other expenses incurred in connection with the pregnancy, birth, and adoption proceedings
  • Any other fees authorized by law or approved by the court

Birth Parent Expenses Not Allowed

Citation: Ann. Code § 61-2-14h(a)

Any fees not authorized by law or approved by the court are prohibited.

Allowable Payments for Arranging Adoption

Citation: Ann. Code § 61-2-14h(a)

It is unlawful for any person or agency to knowingly offer, give, or agree to give to another person money, property, service, or other thing of value in consideration for the recipient's locating, providing, or procuring a minor child for any purpose that entails a transfer of the legal or physical custody of the child, including, but not limited to, adoption or placement.

Allowable Payments for Relinquishing Child

Citation: Ann. Code § 61-2-14h(b), (d)

It is unlawful for any person to knowingly receive, accept, or offer to accept money, property, service, or other thing of value to locate, provide, or procure a minor child for any purpose that entails a transfer of the legal or physical custody of the child, including, but not limited to, adoption or placement.

A child whose parent, guardian, or custodian has sold or attempted to sell the child in violation of the provisions of this article may be deemed an abused child, as defined by § 49-1-3. The court may place such a child in the custody of the Department of Health and Human Resources or with such other responsible person as the best interests of the child dictate.

Allowable Fees Charged by Department/Agency

Citation: Ann. Code § 61-2-14h(e)(1)

Fees may be paid for reasonable and customary services provided by the Department of Health and Human Resources or any licensed or duly authorized adoption or child-placing agency.

Accounting of Expenses Required by Court

Citation: Ann. Code § 61-2-14h(f)

At the final hearing on the adoption, an affidavit of any fees and expenses paid or promised by the adoptive parents shall be submitted to the court.