Prohibition of Sale or Purchase of a Child: Any person who knowingly offers, gives or agrees to give to another person, or any person who knowingly receives, accepts or offers to accept, any money, property, service or other thing of value in consideration for the recipient ’ s locating, providing or procuring a minor child for any purpose which 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 and subject to imprisonment and/or a fine not to exceed $2,000. WV CODE § 48-22-803. A child whose parent, guardian or custodian has sold or attempted to sell said child may be deemed an abused child as defined under the law pertaining to abused and neglected children.
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What is Permitted: The following fees are considered “ legal ” under the Adoption Code:
- Fees paid for reasonable and customary services provided by the WV Department of Health and Human Resources or any licensed or duly authorized adoption or 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 or placement of a minor child for adoption
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Affidavit of Fees and Expenses: An affidavit of any fees and expenses paid or promised by the adoptive parents shall be submitted at the final adoption hearing for the review of the Court. WV CODE § 48-22-701.
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Pre-placement and Post-placement Counseling: West Virginia law requires, upon request, that the WV Department of Health and Human Services provide pre-placement and post-placement counseling services by persons experienced in adoption counseling, at no cost, to any person whose consent or relinquishment is required under the Adoption Code. WV CODE § 49-3-1.
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Conflict of Interest: Although no statutory law defines the ethical standards for an agency, the agency, like an attorney, must be aware of potential ethical issues that will arise if it represents both the birth mother and the adoptive parents.
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