Section 25 — Adoption Act 1955: Prohibition of payments in consideration of adoption

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 Subsection (1) proviso was inserted, as from 4 October 1957, by section 2 Adoption Amendment Act 1957 (1957 No 10). Subsection (1) proviso was amended by substituting the reference to the “ Hospitals Act 1957 ” (1957 No 40) for a reference to the repealed “ Hospitals Act 1926 ” . The references to a separate institution are now obsolete as Part 4 of the Hospitals Act 1957 was repealed by section 14(1) Hospitals Amendment Act 1970. Subsection (1) proviso was repealed, as from 1 October 2002, by section 58(1) Health and Disability Services (Safety) Act 2001 (2001 No 93). See section 11 of that Act for transitional provisions. Subsection (1A) was inserted, as from 1 October 2002, by section 58(1) Health and Disability Services (Safety) Act 2001 (2001 No 93). See section 11 of that Act for transitional provisions. Subsection (2) was inserted, as from 1 January 1999, by section 26 Adoption (Intercountry) Act 1997 (1997 No 109). See clause 2 Adoption (Intercountry) Act Commencement Order 1998 (SR 1998/427). Subsection (2) was amended, as from 1 October 2002, by section 58(1) Health and Disability Services (Safety) Act 2001 (2001 No 93), by substituting the words “ Subsection (1) ” for the words “ This section ” . See section 11 of that Act for transitional provisions.