§ 54 — Publication of amounts to be paid to or through adoption agencies, etc.

54.—(1) Every adoption agency must make publicly available a list of the following information on payments or other rewards to be made or given by any person to or through the adoption agency:(a)

the amount of every payment in consideration of the adoption of a child or for an adoption‑related service;

(b)

the nature of every reward (other than a payment) to be given in consideration of the adoption of a child or for an adoption‑related service;

(c)

a reasonable estimate of the monetary value of every reward (if quantifiable) mentioned in paragraph (b).

(2) An adoption agency must list the information required under subsection (1) in the prescribed format and in the prescribed itemised components.

(3) An adoption agency must not require a person to make or give any payment or other reward in consideration of an adoption or for any adoption‑related service (whether to the adoption agency or another person) that is not listed at the relevant time by the adoption agency as required under subsection (1).

(4) Any adoption agency which, without reasonable excuse, contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction —(a)

to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

in the case of a second or subsequent conviction — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(5) An adoption agency commits an offence under subsection (4) regardless of whether the court has sanctioned the payment or other reward under section 53.

(6) In this section, “relevant time”, in relation to a payment or other reward, means the time at which the contract (whether express or implied) under which the payment or reward is to be made or given is entered into.

—(1) Every adoption agency must make publicly available a list of the following information on payments or other rewards to be made or given by any person to or through the adoption agency:(a)

the amount of every payment in consideration of the adoption of a child or for an adoption‑related service;

(b)

the nature of every reward (other than a payment) to be given in consideration of the adoption of a child or for an adoption‑related service;

(c)

a reasonable estimate of the monetary value of every reward (if quantifiable) mentioned in paragraph (b).

(2) An adoption agency must list the information required under subsection (1) in the prescribed format and in the prescribed itemised components.

(3) An adoption agency must not require a person to make or give any payment or other reward in consideration of an adoption or for any adoption‑related service (whether to the adoption agency or another person) that is not listed at the relevant time by the adoption agency as required under subsection (1).

(4) Any adoption agency which, without reasonable excuse, contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction —(a)

to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

in the case of a second or subsequent conviction — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(5) An adoption agency commits an offence under subsection (4) regardless of whether the court has sanctioned the payment or other reward under section 53.

(6) In this section, “relevant time”, in relation to a payment or other reward, means the time at which the contract (whether express or implied) under which the payment or reward is to be made or given is entered into.