Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (115 of 2008)
Schedule 3A Children
Family Law Act 1975
8 At the end of Subdivision D of Division 1 of Part VII
Add:
60HA Children of de facto partners
(1) For the purposes of this Act, a child is the child of a person who has, or had, a de facto partner if:
(a) the child is a child of the person and the person's de facto partner; or
(b) the child is adopted by the person and the person's de facto partner or by either of them with the consent of the other; or
(c) the child is, under subsection 60H(1) or section 60HB, a child of the person and the person's de facto partner.
This subsection has effect subject to subsection (2).
(2) A child of current or former de facto partners ceases to be a child of those partners for the purposes of this Act if the child is adopted by a person who, before the adoption, is not a prescribed adopting parent.
(3) The following provisions apply in relation to a child of current or former de facto partners who is adopted by a prescribed adopting parent:
(a) if a court granted leave under section 60G for the adoption proceedings to be commenced - the child ceases to be a child of those partners for the purposes of this Act;
(b) in any other case - the child continues to be a child of those partners for the purposes of this Act.
(4) In this section:
this Act includes:
(a) the standard Rules of Court; and
(b) the related Federal Magistrates Rules.
60HB Children born under surrogacy arrangements
(1) If a court has made an order under a prescribed law of a State or Territory to the effect that:
(a) a child is the child of one or more persons; or
(b) each of one or more persons is a parent of a child;
then, for the purposes of this Act, the child is the child of each of those persons.
(2) In this section:
this Act includes:
(a) the standard Rules of Court; and
(b) the related Federal Magistrates Rules.