125.— (1) A person shall not—

(a) make or attempt to make an arrangement for the adoption of a child,

(b) for the purpose of having a child adopted—

(i) retain the child in the person’s custody, or

(ii) arrange to have the child retained in the custody of another person, or

(c) take part in the management or control of a body of persons which exists wholly or partly for the purpose of making arrangements for adoption.

(2) A person shall not give a child, or cause a child to be given, to another person for the purpose of having the child adopted unless—

(a) the first-mentioned person is a parent of the child, and

F98[(b) the person who intends to adopt the child is—

(i) a parent of the child,

(ii) a relative of the child,

(iii) the spouse of the parent of a child,

(iv) the civil partner of the parent of a child, or

(v) the cohabitant of a parent of the child, where the cohabitant and that parent are a cohabiting couple.]

F99[(3) A person shall not receive a child for the purpose of adopting the child unless the person is—

(a) a parent of the child,

(b) a relative of the child,

(c) the spouse of a parent of the child,

(d) the civil partner of a parent of the child,

(e) the cohabitant of a parent of the child where the cohabitant and that parent are a cohabiting couple, or

(f) a person with whom a child is placed by an accredited body or the Child and Family Agency.]

(4) Notwithstanding subsections (1) and (2), the F100[Child and Family Agency] may carry out any of the activities described in those subsections.

(5) Notwithstanding subsections (1) and (2), an accredited body may carry out any of the activities described in those subsections in respect of which the accredited body is registered in the register of accredited bodies.

(6) Notwithstanding subsection (1)(a), a person may carry out an activity described in paragraph (g), (h) or (i) of section 4 so long as that person is not also carrying out an activity described in paragraphs (a) to (f), (j) or (k) of that section or any of the activities described in section 5.