Use of Advertising and Facilitators in Adoptive Placements - West Virginia

Use of Advertisement

This issue is not addressed in the statutes reviewed.

Use of Intermediaries/Facilitators

Citation: Ann. Code § 61-2-14h

Any person or agency who knowingly offers, gives, or agrees 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, is guilty of a felony. Any person who knowingly receives, accepts, or offers 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, is guilty of a felony.

A child whose parent, guardian, or custodian has sold or attempted to sell said child in violation of the provisions of State adoption law may be deemed an abused child as defined by § 49-1-201. The court may place that 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.

This section does not prohibit the payment or receipt of the following:

• Fees paid for reasonable and customary services provided by the department or a child-placing agency
• Reasonable and customary legal, medical, hospital, or other expenses incurred in connection with the pregnancy, birth, and adoption proceedings
• Fees and expenses included in any agreement in which a woman agrees to become a surrogate mother
• Any fees or charges authorized by law or approved by a court in a proceeding relating to the placement plan, prospective placement, or placement of a minor child for adoption