25 Prohibition of payments in consideration of adoption

(1)

Except with the consent of the court, it shall not be lawful for any person to give or receive or agree to give or receive any payment or reward in consideration of the adoption or proposed adoption of a child or in consideration of the making of arrangements for an adoption or proposed adoption:

(1A)

Subsection (1) does not apply to the payment of the hospital and medical expenses of the confinement of the mother of a child if—

(a)

the expenses are incurred by virtue of the provision by a society or body of persons of hospital care (within the meaning of the Health and Disability Services (Safety) Act 2001); and

(b)

the payment is made by an applicant for an adoption order in respect of the child directly to the society or body; and

(c)

the amount paid has been approved in the particular instance, or is in accordance with a scale approved generally, by the chief executive of the department of State responsible for the administration of the Health and Disability Services (Safety) Act 2001.

(2)

Subsection (1) does not apply to the payment of reasonable costs and expenses to any organisation approved as a New Zealand accredited body under Part 2 of the Adoption (Intercountry) Act 1997, provided those costs and expenses—

(a)

are in connection with the exercise of a function delegated to that body under Part 1 of that Act; and

(b)

are set out in an invoice or statement of account rendered by that body which sets out details of the costs and expenses, and the services or functions to which they apply.

Compare: 1908 No 86 s 20

Section 25(1) proviso: repealed, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

Section 25(1A): inserted, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

Section 25(2): inserted, on 1 January 1999, by section 26 of the Adoption (Intercountry) Act 1997 (1997 No 109).

Section 25(2): amended, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).