Delegate Elias Coop-Gonzalez (R-Randolph, 67) has introduced House Bill 2811, a measure aimed at cracking down on illegal and unregulated adoption practices in West Virginia. The bill establishes strict penalties for the sale or barter of children and prohibits unlicensed individuals and organizations from placing children for adoption.
HB 2811 adds a new section to the state code (§49-2-1007), making the sale or exchange of a child for adoption—or for any purpose—a felony offense. Under the proposed law, individuals convicted of this crime could face up to 14 years in prison, a fine of up to $5,000, or both.
In addition to targeting direct sales or bartering, the bill addresses the broader issue of unlicensed adoption activities. It makes it a misdemeanor offense for any person or organization without a valid adoption placement license from the Department of Human Services—or a current license to practice law in West Virginia—to:
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Advertise their ability to place children for adoption through any public medium, including newspapers, radio, or online platforms;
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Accept or provide children for adoption;
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Facilitate or solicit adoptions through public outreach.
Unlicensed entities that violate these provisions could face fines ranging from $1,000 to $5,000 and up to one year in jail for individuals. Organizations found guilty may be fined no less than $5,000 and face potential revocation of any licenses or permits issued under state law.
Importantly, the bill includes an exemption for birth parents, allowing them to participate in the adoption process without falling under these penalties.
Delegate Coop-Gonzalez’s bill is intended to strengthen protections for children and prevent exploitation within the adoption system. By enforcing licensing requirements and penalizing illegal adoption-related activities, the legislation seeks to ensure that adoptions in West Virginia are conducted through legitimate, regulated, and ethical channels.
