177Payments for NSW adoptions or intercountry adoptions and adoption services

#### 177 Payments for NSW adoptions or intercountry adoptions and adoption services 177 Payments for NSW adoptions or intercountry adoptions and adoption services (cf AC Act s 50) > > (1) A person who (whether before or after the birth of the child concerned) makes, gives or receives, or agrees to make, give or receive, a payment or reward for or in consideration of or in relation to— > > > > > (a) the adoption or proposed adoption of a child, or > > > > > (b) the giving of consent, or the signing of an instrument of consent, to the adoption of a child, or > > > > > (c) conducting an adoption service in relation to a child, > > > > is guilty of an offence against this Act. > > > > Maximum penalty—25 penalty units or imprisonment for 12 months, or both. > > > (2) A person who is resident or domiciled in this State who— > > > > > (a) makes any payment or gives any reward of any kind to a birth parent for relinquishing a child adopted from outside Australia or for consenting to an adoption under this Act, or > > > > > (b) gives or takes any improper financial gain in relation to an adoption, > > > > is guilty of an offence. > > > > Maximum penalty—25 penalty units or imprisonment for 12 months, or both. > > > (3) This section does not apply to or in relation to— > > > > > (a) any charge made by the Secretary or an accredited adoption service provider for providing adoption services under this Act, or > > > > > (b) a payment or reward in connection with an adoption or proposed adoption under the law of another State if the making of the payment or the giving of the reward, or the agreeing to make the payment or give the reward, would have been lawful if it had taken place in that other State, or > > > > > (c) any payment or reward, or class of payment or reward, prescribed by the regulations. > > > (4) For the purposes of this section, the giving or taking of any thing in relation to an adoption is not for improper financial gain if the transactions concerned relate to expenses (including legal expenses) reasonably incurred or for reasonable remuneration for work done or for care of the child in the period between the appropriate authorities agreeing that the adoption should proceed and adoption of the child.