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Adoption Act 1955

Miscellaneous

25: Prohibition of payments in consideration of adoption

You could also call this:

"No paying to adopt a child, unless the court says it's okay."

Illustration for Adoption Act 1955

When you adopt a child, you cannot pay someone to let you adopt them, unless a court says it is okay. You are not allowed to give or receive money for adopting a child or for making arrangements to adopt a child. There are some exceptions to this rule.

If a child's mother needs hospital care, you can pay for her hospital and medical expenses, but only if the payment is made directly to the hospital or healthcare provider, and the amount is approved by the chief executive of the department responsible for the administration of the Health and Disability Services (Safety) Act 2001. You can also pay reasonable costs to organisations that help with adoptions, as long as the costs are connected to their work and are listed in an invoice. These organisations must be approved under Part 2 of the Adoption (Intercountry) Act 1997.

The court has to agree to any payments you make when adopting a child, except for the hospital expenses and the costs of the organisations that help with adoptions. You have to follow the rules about paying for adoptions to make sure everything is fair and safe for the child. The rules are in place to protect the child and make sure they are adopted into a safe and loving family.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293323.

Topics:
Family and relationships > Adoption and guardianshipFamily and relationships > Children and parentingMoney and consumer rights > Consumer protection
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25Prohibition 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:

  2. Subsection (1) does not apply to the payment of the hospital and medical expenses of the confinement of the mother of a child if—

  3. 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
    1. the payment is made by an applicant for an adoption order in respect of the child directly to the society or body; and
      1. 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.

        1. 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—

        2. are in connection with the exercise of a function delegated to that body under Part 1 of that Act; and
          1. 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
            Notes
            • Section 25(1) proviso: repealed, on , by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
            • Section 25(1A): inserted, on , by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
            • Section 25(2): inserted, on , by section 26 of the Adoption (Intercountry) Act 1997 (1997 No 109).
            • Section 25(2): amended, on , by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).