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.