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Children's Act, 2005 (Act No. 38 of 2005)

Chapter 15 : Adoption

249. No consideration in respect of adoption

 

(1) No person may—
(a) give or receive, or agree to give or receive, any consideration, in cash or in kind, for the adoption of a child in terms of Chapter 15 or Chapter 16; or
(b) induce a person to give up a child for adoption in terms of Chapter 15 or Chapter 16.

 

(2) Subsection (1) does not apply to—
(a) the biological mother of a child receiving compensation for—
(i) reasonable medical expenses incurred in connection with her pregnancy, birth of the child and follow-up treatment;
(ii) reasonable expenses incurred for counselling; or
(iii) any other prescribed expenses;
(b) a lawyer, psychologist or other professional person receiving fees and expenses for services provided in connection with an adoption;
(c) the Central Authority of the Republic contemplated in section 257 receiving prescribed fees;
(d) a child protection organisation accredited in terms of section 251 to provide adoption services, receiving the prescribed fees;
(e) a child protection organisation accredited to provide inter-country adoption services receiving the prescribed fees;

(f)        an organ of state; or

(g)        any other prescribed persons.