(1)  Subject to this section, 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, reward, or other inducement for or in consideration of –

(a) the adoption or proposed adoption of the child; or

(b) the giving of consent, or the signing of an instrument of consent, to the adoption of the child; or

(c) the transfer of the possession or custody of a child with a view to the adoption of the child; or

(d) the making of arrangements with a view to the adoption of a child –

is guilty of an offence.

(2)  Subsection (1) does not apply to or in relation to any of the following payments or rewards in connection with an adoption or proposed adoption under this Act or under the law of another country:

(a) a payment of legal expenses;

(b) a payment of fees authorized under section 97 or under the regulations;

(c) a payment made by the adoptive parents, with the approval in writing of the Secretary or with the approval of the court, in respect of the hospital and medical expenses reasonably incurred in connection with the birth of the child or the ante-natal or post-natal care and treatment of the mother of the child or of the child;

(d) a payment by the Secretary made in accordance with section 92 ;

(e) any other payment or reward authorized by the Secretary or by the court.

(3)  Subsection (1) does not apply to or in relation to a payment or reward in connection with an adoption or proposed adoption under the law of another State or a Territory if the making of the payment or the giving of the reward or any agreement to do so would have been lawful if it had taken place in that State or Territory.