(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)