Adoption and Children Act 2002

Adoption and Children Act 2002

2002 CHAPTER 38

Commentary on Sections

Part 1 – Adoption

Chapter 7 - Miscellaneous

Section 95: Prohibition of certain payments

240. Section 95 prohibits certain payments or rewards in connection with the adoption of a child. Subsection (1) provides that this section applies to any payment (other than an excepted payment as set out in section 96) which is made for the adoption of a child, giving any consent for the child’s adoption, or the removal from the United Kingdom of a child who is a Commonwealth citizen, or is habitually resident in the United Kingdom, to a place outside the British Islands for the purpose of adoption. Subsection (1) also applies to any payment in connection with certain steps taken to arrange an adoption under section 92, and the commissioning or preparation of reports where it would contravene section 94(1).

241. Subsection (3) provides that an offence is committed where a person makes any payment to which this section applies, agrees or offers to make any such payment, or receives or agrees to receive or attempts to obtain any such payment. Subsection (4) provides the penalty on summary conviction where an offence is committed as imprisonment for a term not exceeding six months or a fine not exceeding £10,000, or both.