- Latest available (Revised)
- Point in Time (10/03/2003)
- Original (As enacted)
Version Superseded: 06/10/2003
Point in time view as at 10/03/2003. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Adoption Act 1976, Section 57 is up to date with all changes known to be in force on or before 26 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Subject to the provisions of this section, it shall not be lawful to make or give to any person any payment or reward for or in consideration of—
(a)the adoption by that person of a child;
(b)the grant by that person of any agreement or consent required in connection with the adoption of a child;
(c)the [F1handing over of a child by that person] with a view to the adoption of the child; or
(d)the making by that person of any arrangements for the adoption of a child.
(2)Any person who makes or gives, or agrees or offers to make or give, any payment or reward prohibited by this section, or who receives or agrees to receive or attempts to obtain any such payment or reward, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding [F2level 5 on the standard scale] or to both; F3 . . .
(3)This section does not apply to any payment made to an adoption agency by a parent or guardian of a child or by a person who adopts or proposes to adopt a child, being a payment in respect of expenses reasonably incurred by the agency in connection with the adoption of the child, or to any payment or reward authorised by the court to which an application for an adoption order in respect of a child is made.
[F4(3A)This section does not apply to—
(a)any payment made by an adoption agency to a person who has applied or proposes to apply to a court for an adoption order or an order under section 55 (adoption of children abroad), being a payment of or towards any legal or medical expenses incurred or to be incurred by that person in connection with the application; or
(b)any payment made by an adoption agency to another adoption agency in consideration of the placing of a child [F5with] any person with a view to the child’s adoption; or
(c)any payment made by an adoption agency to a voluntary organisation for the time being approved for the purposes of this paragraph by the Secretary of State as a fee for the services of that organisation in putting that adoption agency into contact with another adoption agency with a view to the making of arrangements between the adoption agencies for the adoption of a child.
In paragraph (c) “voluntary organisation” means a body, other than a public or local authority, the activities of which are not carried on for profit.]
F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 57(1)(c) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para.24(1) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F2Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
F3Words in s. 57(2) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F4S. 57(3A) inserted by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 65, Sch. 12
F5Word in s. 57(3A)(b) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para.24(2) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F6S. 57(4)–(10) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F7S. 57(7) repealed by S.I. 1989/166, art.2 (and expressed to be repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
Modifications etc. (not altering text)
C1S. 57(1) excluded (10.3.2003 for E. for specified purposes, 6.10.2003 for E. in so far as not already in force, 7.2.2004 for W.) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 4 para. 3(4) (with Sch. 4 paras. 6-8); S.I. 2003/366, art. 2(2)(a), (6)(a); S.I. 2004/252, art. 2(d)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: