[Rev. 2012]
Children
CAP. 141
General Provisions on Adoption
178. Information to be confidential
(1) Every member or officer of an adoption society and every person having any
official duty under or being employed in the administration of this Act, shall regard
and deal with all documents and information relating to the adoption or proposed
adoption of any child, or to any such child, or to the parent or guardian of such
child, or to the proposed adopter of such child, as secret and confidential.
(2) Every person having possession or control over any such documents
or information who at any time communicates any such information or anything
contained in any such comments to any person—
(a) other than the court, the Adoption Committee, the Minister, the
Registrar-General or any other member or officer of the society; or
(b) an advocate representing the applicant or the guardian ad litem
appointed under this Part;
(c) otherwise than for the purposes of this Act, commits an offence and
is liable on conviction to imprisonment for a term not exceeding one
year, or to a fine not exceeding twenty thousand shillings, or to both:
Provided that nothing contained in this section shall apply to the communication of
any document or information in good faith in the interest or intended interest of such
child as aforesaid or of the parent or guardian of, or proposed adopter of, the child.
(3) No officer or member of an adoption society, and no person having any
official duty or being employed in the administration of this Part, shall be required
to produce before any court any such document as aforesaid, or to divulge or
communicate to any court any such information as aforesaid except as may be
necessary for the purpose of carrying into effect the provisions of this Part, or in
order to bring or assist in the course of a prosecution for any offence under this Part.
(4) The Minister may by order exempt any person by name or office from the
provisions of this section.
179. 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
C15 - 85
[Issue 1]
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