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ADOPTION ACT 1984 - SECT 122 Penalty for making unauthorized arrangements

ADOPTION ACT 1984 - SECT 122

Penalty for making unauthorized arrangements

S. 122(1) amended by Nos 69/1989 s. 7(4), 46/1998

s. 7(Sch. 1).

    (1)     Any person who, without being authorized in writing for the purpose by the Secretary or the principal officer of an approved agency

        (a)     transfers or causes to be transferred the possession, custody or control of a child to some other person or persons with a view to the adoption of the child by such person or persons; or

        (b)     receives possession, custody or control of a child with a view to adopting the child

shall be guilty of an offence and liable—

S. 122(1)(c) inserted by No. 69/1989 s. 7(4).

        (c)     in the case of a body corporate, to a penalty of not more than 500 penalty units; or

S. 122(1)(d) inserted by No. 69/1989 s. 7(4).

        (d)     in any other case, to a penalty of not more than 100 penalty units or to imprisonment for not more than 2 years or both.

S. 122(2) amended by Nos 72/1997

s. 12(g), 68/2015 s. 15.

    (2)     The provisions of subsection (1) do not apply to any arrangements made by or on behalf of a parent, guardian or relative of a child for the adoption of the child by a spouse or domestic partner of a parent of the child or by a relative, or a relative and the spouse or domestic partner of the relative, of the child.