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s 60HA

Children of de facto partners

In force
Volume 1s 1-90
Part VIIChildren
Division 1Introductory
Subdivision DInterpretation—how this Act applies to certain children

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 the applicable Rules of Court.

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Section 60HA — Children of de facto partners — Family Law Act 1975 (Commonwealth) — Barrister AI