Adoption Act, 1998

Amendment of section 34 (restriction on making arrangements for adoption) of Principal Act.

7.—Section 34 of the Principal Act (as amended by section 6 of the Adoption Act, 1974 ) is hereby amended by the substitution of the following for subsections (4), (5) and (6):

“(4) No person shall give a child or cause a child to be given to any other person for the purpose of having the child adopted by a person unless—

(a) the first-mentioned person is a parent of the child, and

(b) the person who intends to adopt the child is a relative of the child.

(4A) No person shall receive a child for the purpose of adopting the child unless the person is a relative of the child.

(4B) For the purposes of subsections (4) and (4A), ‘relative’ includes a parent and the spouse of a parent of a child.

(5) A person who contravenes subsection (4) or (4A) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding twelve months or to both.

(6) This section does not apply to—

(a) an adoption agency, or

(b) a person with whom a child is placed by an adoption agency.”.