Section 212 of The Children Act CAP 141: Prohibition of certain payments
(1) Subject to subsection (2)—
(a) any adopter or any parent or guardian of a child who receives any payment or other reward in consideration of the adoption of a child under this Act; or
(b) any person who—
(i) makes or gives or agrees to give to any adopter or any parent or guardian of the child any payment or other reward in consideration of the adoption of any child under this Act; or
(ii) makes arrangement for the adoption of a child and receives or makes or gives any payment or other reward in connection with the making of the arrangements,
commits an offence and is liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding one million shillings, or to both.
(2) Subsection (1) shall not apply to—
(a) any payment the making or receipt of which is sanctioned by the Court to which an application for an adoption order in respect of a child is made;
(b) any payment made by or on behalf of an adoption society in respect of the maintenance of a child who has been placed at the disposition of the society;
(c) any payment made to an adoption society by the parent or guardian of a child, or by any other person in respect of the maintenance of the child, so long as the child is not in the care and possession of a person who has adopted or proposes to adopt him or her, whether under an adoption order or any other order;
(d) any payment made to an advocate representing any party in or in connection with an application for an adoption order, in respect of such application;
(e) any voluntary contribution made by any person in good faith to, and declared in the books of, an adoption society; or
(f) any fee prescribed by the Cabinet Secretary as payable to an adoption society in discharge of any of its functions under the Act or any other written law.
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