Cap. 16 Art. 128Prohibition of certain payments.

(1) No person shall make or give or agree or offer to make or give, or receive or agree to receive or attempt to obtain any payment or other reward for or in consideration of -

(a) the adoption by that person of any person;

(b) the grant by that person of any consent required in connection with the adoption of a person;

(c) the transfer by that person of the care and possession of the person to be adopted with a view to his adoption;

(d) the making by that person of any arrangements for the adoption of a person.

(2) Any person who contravenes the provisions of sub-article

(1) of this article shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term of not less than six months but not exceeding one year or to a fine (multa) of not less than one thousand and one hundred and sixty-four euro and sixty nine cents (1,164.69) but not more than two thousand and three hundred and twenty-nine euro and thirty seven cents (2,329.37) or to both, and the court may order a minor in respect of whom the offence was committed to be removed to a place of safety until he can be restored to his parents or tutor or until other arrangements can be made for him. The person convicted of an offence in terms of this article shall also be liable to reimburse any amount which was paid to him.

(3) This article, insofar as it relates to the making of any arrangements for the adoption of a person, does not apply to -

(a) payments made for the maintenance of that person; and

(b) advocates’, notaries’, legal procurators’ or medical practitioners’ remuneration for professional services.

(4) Any conviction under the provisions of sub-article (2) of this article shall be notified by the registrar of the court making the conviction to the competent court, and the latter court shall thereupon take such measures as it considers expedient in the best interests of the person adopted or to be adopted including, if it deems fit, the revocation of the adoption decree.