COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 41
(By Senators Schoonover, Anderson, Bailey,
Blatnik, Boley, Burdette, Mr. President, Chafin,
Claypole, Craigo, Dalton, Dittmar, Grubb,
Helmick, Holliday, Humphreys, Jones, Lucht,
Macnaughtan, Manchin, Miller, Minard, Plymale,
Ross, Sharpe, Tomblin, Wagner, Wehrle, Walker,
Whitlow, Wiedebusch, Withers, Yoder, Wooton
and Chernenko)
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[Originating in the Committee on the Judiciary;
reported January 25, 1994.]
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A BILL to amend and reenact section sixteen, article four,
chapter forty-eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
prohibiting the sale or purchase of a child; and creating
criminal penalties and exceptions.
Be it enacted by the Legislature of West Virginia:
That section sixteen, article four, chapter forty-eight of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 4. ADOPTION.
§48-4-16. Prohibition of purchase or sale of child; penalty;
definitions; exceptions.
(a) 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
which entails a transfer of the legal or physical custody of said
child, including, but not limited to, adoption or placement,
shall be guilty of a felony and subject to fine and imprisonment
as provided herein.
(b) 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 which
entails a transfer of the legal or physical custody of said
child, including, but not limited to, adoption or placement,
shall be guilty of a felony and subject to fine and imprisonment
as provided herein.
(c) Any person who violates the provisions of this section
shall be guilty of a felony, and, upon conviction thereof, may be
imprisoned in the penitentiary for not less than one year nor
more than five years or, in the discretion of the court, be
confined in jail not more than one year and shall be fined not
less than one hundred dollars nor more than two thousand dollars.
(d) A child whose parent, guardian or custodian has sold or
attempted to sell said child in violation of the provisions of
this article may be deemed an abused child as defined by section
three, article one, chapter forty-nine of this code. The court
may place such a child in the custody of the department of healthand human resources or with such other responsible person as the
best interests of the child dictate.
(e) This section does not prohibit the payment or receipt of
the following:
(1) Fees 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.
(2) Reasonable and customary legal, medical, hospital or
other expenses incurred in connection with legal adoption
proceedings.
(3) Fees and expenses included in any agreement in which a
woman agrees to become a surrogate mother.
(4) Any fees or charges authorized by law or approved by a
court in a proceeding relating to the placement of a minor child
for adoption.
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(NOTE: The purpose of this bill is to create the felony
offense of selling or purchasing of a minor child.)
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