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25 1952

ADOPTION ACT, 1952

PART V.

Miscellaneous.

Restriction on sending children abroad.

40. —(1) No person shall remove out of the State a child under seven years of age who is an Irish citizen or cause or permit such removal.

(2) Subsection (1) shall not apply to the removal of an illegitimate child under one year of age by or with the approval of the mother or, if the mother is dead, of a relative for the purpose of residing with the mother or a relative outside the State.

(3) Subsection (1) shall not apply to the removal of a child (not being an illegitimate child under one year of age) by or with the approval of a parent, guardian or relative of the child.

(4) A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding twelve months or to a fine not exceeding one hundred pounds or to both.

Prohibition upon certain advertisements.

41. —(1) No person shall publish or cause to be published any advertisement indicating—

(a) that a parent or guardian of a child under seven years of age desires to have the child adopted, or

(b) that a person desires to adopt such a child, or

(c) that a person (not being a registered adoption society or a public assistance authority) is willing to make arrangements for the adoption of such a child.

(2) A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds.

Prohibition of certain payments.

42. —(1) An adopter, parent or guardian of a child shall not receive or agree to receive any payment or other reward in consideration of the adoption of the child under this Act.

(2) No person shall make or give or agree to make or give any payment or reward the receipt of which is prohibited by subsection (1).

(3) (a) A person who makes arrangements for the adoption of a child shall not receive, make or give any payment or other reward in consideration of the making of the arrangements or agree to do so.

(b) This subsection does not apply to—

(i) payments made for the maintenance of the child;

(ii) solicitors' remuneration for professional services.

(4) A person who contravenes a provision of this section shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding twelve months or to a fine not exceeding one hundred pounds or to both.

False statements.

43. —If any person knowingly makes any false statement or furnishes any false information to the Board or a member or authorised officer of the Board or aids or abets another person to do so, he shall be guilty of an offence and, without prejudice to any other penalty to which he may be liable, shall, on summary conviction, be liable to imprisonment for a term not exceeding twelve months or to a fine not exceeding one hundred pounds or to both.