Domicile Act 1979

In this section:

child means a person under the age of 18 years who is not, and has not at any time been, married, and

references to the parents of a child include references to parents who are not married to each other.

Where, at any time, a child has his or her principal home with one of the child’s parents but the parents are living separately and apart or the child does not have another living parent, the domicile of the child at that time is the domicile that that parent has at that time and thereafter the child has the domicile that that parent has from time to time or, if that parent has died, the domicile that that parent had at the time of death.

Where a child is adopted, the child’s domicile:

if, upon the child’s adoption, the child has two parents—is, at the time of the adoption and thereafter, the domicile the child would have if the child were a child born in wedlock to those parents, and

if, upon the child’s adoption, the child has one parent only—is, at the time of the adoption, the domicile of that parent and thereafter is the domicile that that parent has from time to time or, if that parent has died, the domicile that that parent had at the time of death.

A child ceases to have, by virtue of subsection (2), the domicile or last domicile of one of the parents if:

the child commences to have his or her principal home with the other parent, or

the parents resume or commence living together.

Where a child has a domicile by virtue of subsection (2) or (3) immediately before the child ceases to be a child, the child retains that domicile until the child acquires a domicile of choice.

Where the adoption of a child is rescinded, the domicile of the child shall thereafter be determined in accordance with any provisions with respect to that domicile that are included in the order rescinding the adoption and, so far as no such provision is applicable, as if the adoption had not taken place.